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Showing posts from August, 2020

Tort Liability and Employment Law: Intertwined Concepts

Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
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Maritime Labour by the International Labour Convention Ratification Proclamation No. 1063-2017

  PROCLAMATION NO.1063/2017   A PROCLAMATION TO RATIFY THE MARITIME LABOUR   CONVENTION     WHEREAS, the Maritime Labour Convention has been adopted by the International Labour Conference of the International Labour Organization at Geneva; Switzerland on 23 rd February 2006 and came in to force as 20 August 2013;          WHEREAS, the House of peoples’ Representatives of the Federal Democratic Republic of Ethiopia has ratified this Agreement at its session held on the 16   day of   November   2017;          NOW, THEREFORE, in accordance with   article 55 (1) and (12) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
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Effect of continuity of employment after expiry of resignation notice

  Unlike the limitations imposed on the power of the employer to terminate the employment contract, a worker can at any time, put an end to the employment relationship with or without a valid ground. When resignation is voluntary, the law only requires 30 days prior notice be served on the employer. Non-compliance with notice entails liability for payment of up to one-month salary by way compensation to the employer. The worker is relieved from giving 30 days prior notice to his employer in two instances.   First, a worker on probation is free to resign without notice. /Article 11/6/ and 31 of the labour proclamation no. 1156/2011/. The second case relates to involuntary resignation. This is somewhat similar to what is known as ‘constructive dismissal’ in common law regimes. However, close reading of article 32 of the labour proclamation, which lays down valid grounds for involuntary resignation or resignation without notice, leads us to the conclusion that the concept of co...
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