Avoiding wrongful discharge suits

Article Abstract:

Of the wrongful discharge suits filed in California, approximately 70 percent are won by the plaintiffs, costing the employers between $200,000 and $1,000,000 per lawsuit. Employment at will is becoming an outdated legal tenet, replaced by termination for lawful cause. The seven tests to determine whether an employee termination has lawful cause are discussed; these are: (1) the employment rule involved must be reasonable, (2) employees must have been informed of the rule involved and the consequences of breaking the rule, (3) the employer must investigate the rule breaking incident promptly, (4) the investigation into the incident must be fair, (5) the employer must be able to prove the rule was broken, (6) the rule must have been applied equitably to all employees, and (7) the penalty for breaking the rule must not be unreasonable.

Management, Laws, regulations and rules, Employee dismissals, Employment terminations, Employment at will

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"Winner takes all" in arbitration at ACAS

Article Abstract:

A 1996 UK study on the Advisory, Conciliation and Arbitration Service (ACAS) reveals that arbitrators have accepted one party's position in almost 75% of the cases submitted during 1942-1992, rather than forging compromises. Arbitration has been perceived as a system that generally results in compromises, rather than this one-sided approach. The study also finds middle-aged men are usually chosen to be arbitrators, final-offer arbitration has been used consistently for over 50 years, and that use of arbitration increased during the 1970s, but remained stable during the 1980s.

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ACAS suggests workplace relations deteriorating

Article Abstract:

UK industrial relations have become increasingly strained, based on the experiences reported by the Advisory, Conciliation and Arbitration Service (ACAS) in 1996. ACAS promotes preventive measures overall, recommending collective conciliation, advisory mediation, arbitration, and dispute mediation to resolve existing disputes. ACAS's 1996 statistics indicate it handled 1,300 conciliation requests, 117 arbitrations, over 446,000 public enquiry calls, and 100,000 industrial tribunals claims.

Evaluation, Statistics, Labor relations, Mediation, United Kingdom. Advisory, Conciliation and Arbitration Service

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