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demissão por justa causa

English translation: fair dismissal

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:demissão por justa causa
English translation:fair dismissal
Entered by: Lilian0309
Options:
- Contribute to this entry
- Include in personal glossary

12:10 Nov 4, 2003
Portuguese to English translations [PRO]
Law/Patents
Portuguese term or phrase: demissão por justa causa
no fair reason ?
Lilian0309
Brazil
Local time: 06:38
Fair dismissal
Explanation:
Visit these two sites and answer your questions:

What is fair dismissal?
... What is fair dismissal? The dismissal of an employee will usually be
considered... The Stationery Office. What is fair dismissal? ...
www.bcentral.co.uk/admin/people/legal/dismissalfaq/ What_constitutes_fair_dismissal.asp

Equality Direct - Dismissal
... Fair Dismissal. A dismissal is fair if it meets both of these conditions:
Condition 1. The main reason for dismissal must be one of the following: ...
www.equalitydirect.org.uk/chap3/c3_dis1.htm


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Note added at 2003-11-04 12:22:45 (GMT)
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Here\'s the answer provided by the first reference:

\"The dismissal of an employee will usually be considered fair if the following two conditions are met.

Firstly, dismissal is fair if made on one of the following grounds:

An employee\'s misconduct[mdash]for example, theft, assault, racial or sexual harassment, drunkenness, lateness or absenteeism
An employee\'s inability to do a job
Redundancy—for example, when you need fewer people to run your business
A statutory requirement that prevents an employee from continuing to work—for example, an employee not having a valid work permit or a driver losing his driving licence
Some other substantial reason that could justify dismissal[mdash]for example, dismissing an employee taken on as a temporary replacement for a worker

Secondly, an employer must act reasonably in deciding to dismiss an employee rather than taking some other form of disciplinary action. Guidance on what counts as \'reasonable\' is given in the Code of Practice on Disciplinary Practice and Procedures in Employment issued by the Advisory, Conciliation and Arbitration Service ( ACAS).\"
Selected response from:

rhandler
Local time: 06:38
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4Fair dismissalrhandler
5Desmissed with just causeTiago
5Wrongful dismissal or dismissal without just causereginalobo
5dismissal with cause
Rosemary Polato
5Dismissal for good cause
William Stein
4Just cause dismissal
CristinaPereira


  

Answers


9 mins   confidence: Answerer confidence 5/5 peer agreement (net): +4
Fair dismissal


Explanation:
Visit these two sites and answer your questions:

What is fair dismissal?
... What is fair dismissal? The dismissal of an employee will usually be
considered... The Stationery Office. What is fair dismissal? ...
www.bcentral.co.uk/admin/people/legal/dismissalfaq/ What_constitutes_fair_dismissal.asp

Equality Direct - Dismissal
... Fair Dismissal. A dismissal is fair if it meets both of these conditions:
Condition 1. The main reason for dismissal must be one of the following: ...
www.equalitydirect.org.uk/chap3/c3_dis1.htm


--------------------------------------------------
Note added at 2003-11-04 12:22:45 (GMT)
--------------------------------------------------

Here\'s the answer provided by the first reference:

\"The dismissal of an employee will usually be considered fair if the following two conditions are met.

Firstly, dismissal is fair if made on one of the following grounds:

An employee\'s misconduct[mdash]for example, theft, assault, racial or sexual harassment, drunkenness, lateness or absenteeism
An employee\'s inability to do a job
Redundancy—for example, when you need fewer people to run your business
A statutory requirement that prevents an employee from continuing to work—for example, an employee not having a valid work permit or a driver losing his driving licence
Some other substantial reason that could justify dismissal[mdash]for example, dismissing an employee taken on as a temporary replacement for a worker

Secondly, an employer must act reasonably in deciding to dismiss an employee rather than taking some other form of disciplinary action. Guidance on what counts as \'reasonable\' is given in the Code of Practice on Disciplinary Practice and Procedures in Employment issued by the Advisory, Conciliation and Arbitration Service ( ACAS).\"



    Reference: http://www.bcentral.co.uk/admin/people/legal/dismissalfaq/
    Reference: http://www.equalitydirect.org.uk/chap3/c3_dis1.htm
rhandler
Local time: 06:38
Native speaker of: Portuguese
PRO pts in pair: 7949

Peer comments on this answer (and responses from the answerer)
agree  xxxKirstyMacC: Yes. Contrasts with gen. 'Common Law' unfair dismissal. cf. spec. breach-of-contract wrongful dismissal. I haven't heard of 'rightful dismissal' that would be contract-compliant.
32 mins
  -> Thank you, Counsel

agree  sheena
4 hrs
  -> Thank you, Sheena

agree  Vera Rocha: E respondendo à dúvida de Lilian, 'demissão por justa causa' quer dizer que existe uma causa legalmente considerada como justa para o despedimento, enquanto que 'despedimento sem justa causa' quer significar que o despedimento foi ilegal.
6 hrs
  -> Obrigado, Vera, muito oportuno seu esclarecimento.

agree  Paula Vaz-Carreiro
4 days
  -> Obrigado, Paula
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26 mins   confidence: Answerer confidence 5/5
Dismissal for good cause


Explanation:
A more literal option:

Dismissal for Good Cause Need Not Include Legal Finding of Guilt for
Alleged Misconduct.
www.swlearning.com/blaw/cases/dismissal_for_good.html - 5k - Cached - Similar pages

4.09 Reappointment and Non-reappointment
... Except in cases of dismissal for good cause, the following schedule will be used by the UTHSC-H to notify nontenured, tenure-track faculty that they will not ...
www.uth.tmc.edu/ut_general/admin_fin/ planning/pub/hoop/04/4_09.html -


William Stein
Costa Rica
Local time: 03:38
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 127
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29 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Just cause dismissal


Explanation:
Another option

“…without providing documents or information supporting a just cause dismissal, the Employer took the position that the Employee was dismissed for just cause”.
http://www.bcest.bc.ca/decisions/2003/d067_03.pdf


    Reference: http://www.google.co.uk/search?q=%22just+cause+dismissal%22&...
CristinaPereira
Local time: 10:38
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 455
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1 hr   confidence: Answerer confidence 5/5
Wrongful dismissal or dismissal without just cause


Explanation:
Ver definição abaixo:

Wrongful dismissal - Being fired from a job without an adequate reason or without any reason whatsoever. Employees do not have a right to a job for life and can be dismissed for economic or performance reasons but they cannot be dismissed capriciously. Most employment implies an employment contract, which may be supplemented by labor legislation. Either could provide for certain procedures to be followed, failing which any firing is wrongful dismissal and for which the employee could ask a court for damages against the employer. Can also be referred to as "dismissal without just cause." Not all states recognize this tort law action.

--------------------------------------------------
Note added at 1 hr 7 mins (2003-11-04 13:17:31 GMT)
--------------------------------------------------

Sorry, I gave you an incorrect answer, it is the opposite, ie, dismissal with just cause.

reginalobo
Local time: 10:38
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 72
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7 hrs   confidence: Answerer confidence 5/5
Desmissed with just cause


Explanation:
Imagine a person that miss every day at work! This is a reason for Desmissed with just cause...

Tiago
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10 hrs   confidence: Answerer confidence 5/5
dismissal with cause


Explanation:
Dismissal with cause – an IPP RS may be discharged “with cause” in the case of incompetence or gross misconduct.
http://www.ipp.ca/RSPolicy/policy-no-13.htm
If you are dismissed without cause, you are entitled to pay in lieu of the notice you should have received, however, notice is not required where you are dismissed for cause. Some reasons for dismissal with cause include stealing, fraud (etc). The employer must set out the reasons for dismissal in writing and deliver them to you. http://www.unb.ca/bruns/0102/11/news/punchinclock.htm


Rosemary Polato
Brazil
Local time: 06:38
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 223
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