- Summary dismissal and gross misconduct
- Dismissing staff
- No benefits after summary dismissal
- summary judgment
- What is summary dismissal?
A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a Matter of Law. Any party may move for summary judgment; it is not uncommon for both parties to seek it. A judge may also determine on her own initiative that summary judgment is appropriate. Unlike with pretrial motions to dismiss, information such as affidavits, interrogatories, depositions, and admissions may be considered on a motion for summary judgment. Any evidence that would be admissible at trial under the rules of evidence may support a motion for summary judgment. Usually a court will hold oral arguments on a summary judgment motion, although it may decide the motion on the parties' briefs and supporting documentation alone. The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as when partial summary judgment dispenses with certain issues or claims. For example, a court might grant partial summary judgment in a personal injury case on the issue of liability. A trial would still be necessary to determine the amount of damages. Two criteria must be met before summary judgment may be properly granted: 1 there must be no genuine issues of material fact, and 2 the Movant must be entitled to judgment as a matter of law. A genuine issue implies that certain facts are disputed. Usually a party opposing summary judgment must introduce evidence that contradicts the moving party's version of the facts. Moreover, the facts in dispute must be central to the case; irrelevant or minor factual disputes will not defeat a motion for summary judgment. Finally, the law as applied to the undisputed facts of the case must mandate judgment for the moving party. Summary judgment does not mean that a judge decides which side would prevail at trial, nor does a judge determine the credibility of witnesses. Rather, it is used when no factual questions exist for a judge or jury to decide. The moving party has the initial burden to show that summary judgment is proper even if the moving party would not have the Burden of Proof at trial. The court generally examines the evidence presented with the motion in the light most favorable to the opposing party. Where the opposing party will bear the burden of proof at trial, the moving party may obtain summary judgment by showing that the opposing party has no evidence or that its evidence is insufficient to meet its burden at trial. Jurisdictions vary in their requirements for opposing a summary judgment motion. Federal rule of civil procedure 56 governs the applicability of summary judgment in federal proceedings, and each state has its own rules. In some states it is sufficient if the party opposing the motion merely calls the court's attention to inconsistencies in the pleadings and the movant's evidence without introducing further evidence. This approach rarely results in a court's granting summary judgment. On the other hand, other jurisdictions, including federal courts, do not permit a party opposing summary judgment to rest on the pleadings alone. Once the movant has met the initial burden of showing the absence of a genuine issue of material fact, the burden shifts to the opposing party to introduce evidence to contradict the movant's allegations. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled, and therefore need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact, and other discovery, as well as a legal argument points and authoritiesthat argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact. The theory behind the summary judgment process is cut down on unnecessary litigation by eliminating without trial one or more causes of action in the complaint. The pleading procedures are extremely technical and complicated, and are particularly dangerous to the party against whom the motion is made. See: summary adjudication of issuescause of action.
No benefits after summary dismissal
In the case of a continuous contract of employment, the length of notice or the amount of payment in lieu of notice required are:. Employment Condition. Length of notice. Payment in lieu of notice. During Probation Period. Where contract makes provision for the required length of notice. Where contract does not make provision for the required length of notice. Notice period expressed in days or weeks. Average daily wages earned by an employee. Number of days in the notice period for which wages would normally be payable to the employee. Notice period expressed in months. Average monthly wages earned by an employee. Number of months specified in the notice period. An employer may summarily dismiss an employee without notice or payment in lieu of notice if the employee, in relation to his employment. Under the Employment Ordinance, an employee is entitled to annual leave with pay after having been employed under a continuous contract for every 12 months. These statutory annual leave shall not be included in the length of notice required to terminate a contract of employment. In ruling on a case concerning the issue of the employee taking pre-arranged annual leave during the notice period, the Court of Final Appeal stated that the above restriction does not apply when an employee resigns. However, since the circumstances of individual cases may be different, every case should be considered on its own merits. In case of dispute, the final interpretation shall rest with the court. What is the required length of notice, or the amount of payment in lieu of notice, for termination of an employment contract? Is there any situation whereby an employer or an employee can terminate a contract of service without notice or payment in lieu of notice? In the case of a continuous contract of employment, the length of notice or the amount of payment in lieu of notice required are: Table 1 Employment Condition. Table 2. An employer may summarily dismiss an employee without notice or payment in lieu of notice if the employee, in relation to his employment, - a. Back to questions.