Examples of ERA 1996 in a sentence
Payment normally will be based on an amount equivalent to the number of weeks’ payable (with no multiplier rate applying) under the ERA 1996 used in redundancy compensation calculations.
This Agreement contains the statutory particulars of employment required by section I of the ERA 1996.
The tribunal’s task is to apply ERA 1996 s 123(1) and award 'such amount as the tribunal considers just and equitable in all the circumstances having regard to the loss sustained by the complainant in consequence of the dismissal in so far as that loss is attributable to action taken by the employer').
Under s.48(2) ERA 1996 where a claim under s.47B is made, “it is for the employer to show the ground on which the act or deliberate failure to act was done”.
The rights under sections 44 and 100 ERA 1996 apply only to employees, and so do not apply for the self-employed and those who are categorised as a ‘worker’.
However, S.49(6A) of the ERA 1996, gives the Tribunal the power to reduce compensation in successful claims under S.103A by up to 25% where ‘it appears to the Tribunal that the protected disclosure was not made in good faith’.
Section 100 ERA 1996 provides that employees have a right not to be dismissed for carrying out any health and safety related activities for which they have been appointed by their employer; or for bringing to the employer’s attention any reasonable concern related to health and safety matters.
Per Cavandish, what it decided was that whatever is claimed to be a protected disclosure must contain “sufficient factual content and specificity” to qualify under the ERA 1996 s 43B(1).
For this purpose, an employee means ‘an individual who has entered into or works under (or, where the employment has ceased, worked under) a contract of employment’ (ERA 1996, s.
The Gisda Cyf v Barratt case was limited to unfair dismissal claims under the ERA 1996.