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One of the arguments made by petitioners is that the Government of Colombia failed to effectively enforce Article 63 of its labor intermediation law which makes it unlawful to utilize intermediaries to contract workers performing core permanent functions of a company.
Temp agencies gives me the opportunity to see what’s out there and the employer an opportunity to see what type of worker I am. Many of the large company’s do this because they don’t have to worry about firing you if it is not working out – you are not their employee – but the temp agency’s and they only need to say don’t send them back.
At the same time, non-statutory employment law, whether resulting from the common law of nine provinces and three territories of Canada or the civil law of the Province of Quebec, recognizes that an employer could, on providing reasonable notice” or pay in lieu thereof to an employee, terminate any employment contract that was not for a definite term, at any time, the whole in line with the principles noted above.
As a result of the collapse all 1,400 employees lost their jobs and Mr Malik and Mr Mahmud successfully sued for injury to their reputations and their employment prospects as a result of association with a dishonest and corrupt employer – damages will only be awarded where the employee’s difficulty in finding new employment is attributable to the dismissal.