Unfair Dismissal Essay

should be informed preferably before the dismissal, that the decision is based on these specific actions. The dismissal must be justified substantively and conducted in a manner of fair procedure in order to be considered lawful except from fair. As T. Amos el at state (2009) Fairness is critical to managing labor relations successfully but it should be remembered that, in addition to fairness a decision to dismiss an employee must also be lawful. The dismissal of an employee must be both…

him talking about his performance and Janet admitted it. Either did the manager Thomas have conversation with Kareem before his decision to fire him. Obviously they did not hold a meeting about Kareem’s performance problem. Thus, this dismissal can be seemed as an unfair…

delivery services to clients. However, his engagement was dismissed last April 2015 because of issues about his conduct and performance. He subsequently lodged an unfair dismissal application However, the company submitted he was engaged as an independent contractor, and not as an employee, and is therefore unable to make an unfair dismissal application. The matter proceeded…

danger of retrenchment, unless the employee agrees to accept it. Otherwise, a demotion or employment conditions that are substantially less favourable to the employee will amount to a breach of the employment contract, and therefore be either an unfair dismissal or a genuine redundancy (the latter meaning that redundancy entitlements will be payable). Termination of…

carried on the business of selling cars on premises owned by Beechwood Motors Ltd (Motors). Welwyn and Motors had common directors and shareholders, Ford and Seaman. Creasey was summarily dismissed by Selwyn and filed a claim for damages for unfair dismissal. Welwyn’s financial records indicated it was approaching insolvency and Creasey was informed that the company would likely cease trading soon. Motors took over the business of Welwyn and repaid Welwyn’s outstanding liabilities. This takeover…

TERMINATION OF EMPLOYMENT CONTRACT BY FRUSTRATION Doctrine of Frustration A contract of employment can be terminated (1) on grounds of performance or expiry, (2) by agreement, (3) due to an evident fundamental breach, as well as (4) on basis of frustration. An employment contract may be said to have been frustrated and brought to an end when an unforeseen supervening event occurs that renders the performance of the contractual obligations practically impossible or illegal. Destruction of…

Discipline Committee gave information regarding suspensions and dismissals from a youth’s perspective. “I was on a case for a dismissed student a few weeks ago. Basically a student participated in the alleged circulation of an inappropriate video of another student and that’s kind of all I can talk about! The kid who shared the video got dismissed.” Discipline at Blair is a topic the whole community is curious about. Whether it’s suspension, dismissal, conduct probation, or any other…

The Current state of wrongful dismissal in Employment Law and why we believe it needs to be changed. The current state of wrongful dismissal is that damages are awarded based on what notice of lieu an employer/employee receives (Richard A. Yates, 2011). Weakness for employee: • Not compensated for pain and suffering, only awarded difference of notice they should have received and benefits/pension they would have received (Richard A. Yates, 2011). • Fiduciary duty obligation causes a…

accompanied for any formal hearing * To allow employees the right to appeal The right to be accompanied by a fellow employee or Trade Union representative only applies as part of the dismissal process or disciplinary procedures which may result in: a formal warning being issued, suspension without pay or demotion or dismissal, the confirmation of a warning or other disciplinary action eg appeal hearing. The right does not extend to informal discussions or counselling or meetings which may…

alternative employment is also important for another reason: if an employer is able to offer 'suitable alternative employment', and an employee unreasonably refuses the offer, then he will lose his entitlement to a statutory redundancy payment. Dismissal If there are no alternatives to redundancy following the consultation process then the selection for redundancy will be confirmed and the employee may be given notice of termination. The employee should also be informed of any right of appeal.…