Latin term, status quo means “the existing state as it is”. When a court orders the maintenance of the status quo on property, it means that two components of property that fall within the scope of the status quo are possession and title. If the status quo is ordered when a proceeding is instituted, the person holding possession and title retains that ownership and title until the proceeding is settled. Essentially, the status quo is imposed to prevent third party interests in the property that are in terms of lease, sale, mortgage, gift, will or action taken to transfer ownership under the Transfer of Ownership Act. Last week, Gannett, the largest publisher of local news, provided us with a prime example of important legal protection for union members – maintaining the status quo on terms and conditions of employment. The status quo is a Latin expression abbreviated from its original “in status quo res errant ante beullm”, which translates as “in the state in which things were before the war”. The status quo refers to an existing state that is most commonly used in relation to social, legal or political situations. In a legal context, a judge may make a standstill order to protect the parties to a dispute from changes that could affect the outcome. If this order is made, the situation will remain exactly as it was before the trial began, until a judge issues a permanent judicial decision. “Status quo.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/status%20quo.

Retrieved 14 January 2022. In another example, a standstill order issued under employment law may be used to prevent employees from being fired or discriminated against after filing a complaint. The order may require the employer to end negotiations and prevent it from changing workers` wages, hours of work and existing terms and conditions of employment. A standstill order can almost serve as an effective and inexpensive “light” detention order. There are, of course, many situations in which custody proceedings have been initiated because the current situation is clearly not in the best interests of the child. A family court judge may change or ignore the status quo in situations such as: For example, your ex is serving you with a standstill order stating that she does not want to disrupt your daughter`s routine and that she has custody five days a week, but this has never happened. The use of the status quo in labour law varies by jurisdiction, but such an order often concerns collective bargaining. A standstill order in labour law can be issued to prevent the employer from terminating an employee for filing a complaint and requires the employer to maintain the employee`s current wages, hours of work and other terms and conditions of employment until the matter is legally resolved.

During this period, the employer may not retaliate against the employee by changing his schedule, reducing his hours of work or changing his rate of pay. If an employer were allowed to do these things, it would discourage employees from filing valid complaints in the future. For example, just this week, NBC News workers won a case in which the employer refused regular wage increases after workers unionized. The company eventually agreed to reinstate the increases and payment arrears. NBC`s actions were a clear violation of the status quo and guild members held the company accountable. As with most legal matters, you will need to prove your claims. You will need to provide your own version to solidify your claim in this area. Document as much evidence as possible and have reliable witnesses you can call to back up your side of the story. This status quo of labour applies even if the original contract has expired, as the company is prohibited from changing the terms and conditions of employment without negotiating with the workers or their collective bargaining representative. In family law matters, such as divorce and custody, the court can make a standstill order for a number of reasons. A standstill order takes into account parental leave, custody and school location for the three months preceding the application.

But what if you are against the status quo as established in the order of the status quo? However, if a status quo is imposed, the party who owns the property can enjoy it at will, continue to operate its business or use the property as it has used it. Title, interest in the property to a third party. Therefore, the status quo does not mean that all profits (i.e. profits from property) made by a person must be stopped, because the status quo is not an order of residence, there is a big difference between the status quo and the order of residence, an order of residence requires the person to start or stop an activity while the status quo maintains the status of the property, So, as it is. Thus, when a court makes a decision to maintain the status quo with respect to a contested property, it means that the status quo is maintained only with respect to ownership and possession of the disputed property, and nothing more should be expanded in this regard. Maintaining the status quo is different from injunctions and suspension orders, where the court requires the person to act or refrain, so that suspension orders and orders are correct in personam and addressed to only one person. Maintaining the status quo refers to ownership and the only limitation for a person is that they cannot dispose of the property or create third party interests in the property. The status quo in family law is often used in custody cases. When a couple separates or files for divorce, there are often conflicts over who the children will live with and when they will visit the other parent. If both parents claim primary physical custody, the court will likely make a standstill order until the custody and access issues can be resolved by the court. This means that children must continue to live in their familiar homes, attend their familiar schools, and pursue other activities of family life. Mandatory bargaining items covered by the status quo that cannot be changed without reaching a contract agreement or legal impasse include, but are not limited to, wages, hours, terminations, dismissals, benefits and work orders.

There are also some exceptions to the status quo for expired contracts. Arbitration, no strike/lockout and management rights will not automatically continue unless a so-called “evolutionary” clause is included that stipulates that all contractual conditions remain in effect. There are also some recurring changes, such as annual benefit increases, or discretionary changes, such as changes in insurance premiums, that can be maintained or even required as a dynamic status quo. But in general, the conditions as they existed under the expired contract must be maintained. The status quo ante is the abbreviated version of the “status quo ante bellum”. If the status quo implies the maintenance of a situation in its current state, the status quo ante returns the situation to its previous state. In family court, a judge can make a standstill order to restore things to their normal state before filing for divorce or other proceedings. I asked for custody. My ex filed and was granted temporary custody under the status quo. I will ask for a hearing to challenge it. In the meantime, if he shows up at my house or anything else with the police and the status quo document. Do I have to hand it back immediately? What are my rights? How long do I have before it comes into effect? One of the great advantages of a status quo is immediacy.

You or a party served with a standstill order has the right to request a hearing. These orders are intended to protect minor children during judicial proceedings. For newly certified bargaining units that have not yet negotiated a first contract, the status quo is better protected. An employer is prohibited from unilaterally changing the terms and conditions of employment relating to mandatory bargaining items unless the employer continues a frequent and regular change that has been going on for several years. However, under clause 52 of the transfer of title, if a suit is pending against the plaintiff property, actions relating to the sale, purchase or transfer of ownership of the property are automatically subject to the doctrine of lis pendens, which is set out in para.