Wrongful dismissal

EMPLOYEES’ PROTECTIONS ON UNFAIR DISMISSAL Dismissal of work will lead by termination of employee service; consequently if the discharge is claimed unfair by the employee; the employee can charge the company for unfair dismissal under Employment Rights act 1996. Unfair dismissal can be filed at the employment court of law under 2 conditions. First, the employment relationship needs to be proven its existence between the employer and employees. (Smith, 2011) Secondly, a dismissal by the employee…

18-3 The dress code used in this scenario was discriminatory. The reason that made it biased was that there were two dress codes for men and women. A dress code that is not discriminatory is one that is same for members of both genders. On the other hand, the motive for the dress code was to distinguish men from women. That act of distinguishing men from women was discriminatory in nature, and it went against the dress code ethics. The motive for distinguishing men from women is not said. Both…

legislation and other legal measures. The responsiveness of the legal system is evident through the legislative framework which seeks to achieve a just outcome for claims of unfair dismissal, and the entitlements and benefits of both retired and retrenched employees. The legislative framework governing workplace dismissal created by the Howard Government was only partially effective as it was unable to achieve a just and…

mental institution five years prior to her suicide. Candace used the bullets she purchased to commit suicide. Johnsons claims that the failure of the clerk to do her job properly caused his wife’s death and therefor he appeals the dismissal of the negligence and wrongful claims in the case of his wife Candace Johnson. Issue: Whether or not Wal-Mart was negligent in training…

notice period or payment in lieu of notice period is determined by looking at the employment contract, termination provisions in the ESA, and the common law. Since an enforceable termination clause is void, Hussain is entitled to reasonable notice of dismissal. Under the common law, some of the factors considered in order to determine reasonable notice are length of service, character of employment, employee’s age, and job tenure.…

Instead of guessing throughout the process, the entire investigation, media release, and dismissal procedures could have been nearly surgical in nature. Potential Ways to Address the Issue* • Develop several strands of procedures for employment issues (incompetence vs. insubordination vs. immoral conduct vs. negligence, gross misconduct, etc.) that include both investigation protocols and disciplinary v. dismissal procedures. • Align procedures to state and federal standards and laws, as well…

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…

Michael Moore’s 2010 film, “Waiting for Superman,” illustrated that the ‘lemon dance’ continues to plague districts across the country. ‘The Lemon Dance’ refers to schools swapping their worst performing teachers at the end of the school year with another school’s lemon in hopes that he or she is not quite as bad. Some argue that it is time to throw away the rotten lemons and begin searching for more qualified and/or higher performing teachers. Due process is procedural enough in nature that…

Claimants and the Def; Mutuality of obligation; Personal service and control. Dacas V Brook Street Bureau [2004] Mrs Dacas was no longer need as a cleaner in the hostel (own by council) and she sue the council and the agency for a claim in unfair dismissal. Held: She was not employed by either business. She was employed by the agency as the agent paid her wage. So they can exercises disciplinary action and terminate her employment. And this ‘control’ creates the employment relationship. COA…

juror. To understand 12 Angry Men Better, you need to look at the little things that described and that made the jury. There are many different ways that a trial can go wrong. An inadequate lawyer, jury dismissal, wrongful conviction, bad evidence. One of the most important reasons is jury dismissal. “A request that a prospective juror be dismissed because there is a specific and forceful reason to believe the person cannot be fair, unbiased or capable of serving as a juror. (Legal Dictionary)”…