Essays on dismissal

In the paper 'Constructive Dismissal and Unfair Dismissal Claims' the author analyzes the case of AFSB's termination of Raj's employment contract, which constitutes summary Dismissal. He has been discharged from his duties instantly without prior notice or any pay that should accompany such notices.... The researcher states that, although, Raj's employer reserved the legal right to end his employment contract, their failure to serve proper notice on him regarding the issue amounts to unfair Dismissal....

The issue for Kevin with respect to his letter of Dismissal from his employer Davis Wigets is whether or not the Dismissal was fair. Action taken by an employer is always examined with reference to the employer's responsibilities toward his or her employees and whether or not that action is fair and reasonable in all the circumstances of the case.... Although discerning what is fair and reasonable turns on the specific facts and circumstances of each case, the courts and the legislators have...

This paper "Employment Law - Unfair Dismissal and Wrongful Dismissal" evaluates the strengths and weaknesses of the company's case in respect of unfair Dismissal issues of its employees, namely, Janice Hall and Kelsey Fields, and provides recommendations to deal with the problem.... Two female employees of the company, namely, Janice Hall and Kelsey Fields have approached the Employment Tribunal with claims of unfair Dismissal and wrongful Dismissal after they were charged and dismissed by John Biggins,...

In the paper 'Unfair Dismissal' the author discusses claims of unfair Dismissal, which are regulated under Section 98 of the Employment Rights Act of 1996 and 20021. Under the New Employment Act of 2002, a three-step dispute resolution procedure has been set out.... The author states that employees must be allowed a hearing and the right to appeal the decision to dismiss them. In the case of Sarah, she, therefore, has good grounds to file an unfair Dismissal suit because she has not been provided...

This paper "Unfair Dismissal and Wrongful Dismissal Claims" focuses on the course of action for the Company to take in respect of Janice and Kelsey's submitted claims along with the priority action points to address in ensuring that the Company lawfully terminates Steven's employment.... As the HR manager for the Company, it is imperative to highlight from the outset that the central problem with regard to Janice and Kelsey's claims is the method in which their employment was terminated. I have concerns...

It is extra hard for the employee in question to comprehend such an action when they cannot control it. This always brings tension in the Dismissal... The tension comes with negative emotions in the process of layoff. It is very important for managers to learn and know how to cope with such Stewart & Brown (2008) outlines that the manager must keep himself prepared to deal with the expected negative emotional reactions. The supervisor or manager can award the employee with a generous compensation...

This report "The Unfair Dismissal" examines the case of Clarissa and whether Clarissa can pursue to claim for unfair Dismissal or not, whether she can accept the job offer by Flair Missiles or not and the consequences of her acceptance of Flair Missile's job offer.... The issue in the report is whether the Dismissal of Clarissa was for a fair reason. Secondly, it needs to be examined whether the procedure used for her Dismissal was fair or not. Unfair Dismissal includes wrongful Dismissal which involves...

The major weaknesses of this study are concentrated on the Dismissal. It can occur if a fixed-term employment contract is not renewed under the same terms and conditions. In this case the Dismissal is referred as constructive Dismissal. ... This essay analyzes two types of Dismissal that are fair or unfair depending on the circumstances under which the contract is terminated. A Dismissal is considered fair if the right disciplinary and grievance procedures were followed and the matter was investigated...

The paper talks about unfair Dismissal as the termination of an employee's contract by an employer based on unjustifiable reasons and through an unfair and unreasonable process. A Dismissal is fair if it fulfils these two conditions; the reason for Dismissal is fair and the process of Dismissal is fair and reasonable.... The opening of the report consists of the definition of an ‘employee', definition of ‘Dismissal', fair reasons for Dismissal, automatically unfair dismissals and redundancy. The...

This essay discusses an analysis of a Dismissal. For a Dismissal to take place there has to be a determination that there existed an employment relationship. So, in the UK's employment relation act of 1999, if an employer wishes to dismiss his workers he must inform them at least 30 to 90 days.... Wrongful Dismissal from work does not terminate the employment contact rather it is a repudiatory breach that makes the employee not to be bound by the terms of agreement with the employer, the employee...

The paper "The Unfair Dismissal Rule" describes that the terms may be changed and hence favoring Elizabeth. If she will not be satisfied with the decision of the commission then she should go ahead with seeking the services of a lawyer together with the union and proceed to court.... The unfair Dismissal rule applies to Mr. Croissant's business although there are some limitations. He fired the employees based on the application of the rule. A company that has more than fifteen employees cannot be...

This case study is based upon Huang v Rheem Australia Pty Limited [2005]. The applicant complained of sex, race and disability discrimination during work and victimization for making a complaint about her treatment under the Anti-Discrimination Act 1977 ... The AIRC hears cases which are still unresolved after going through the conciliation process. Its role is to decide, after hearing from both sides, whether the Dismissal was harsh, unjust or unreasonable. It also exercises a range of powers...

The writer of the following essay will argue the legitimacy of academic cheating punishment in the form of automatic Dismissal. Therefore, the essay discusses the underlying causes of dishonesty among students as well as investigates the ways of its prevention.... Cheating is an offense in any learning institution and such cases should not be allowed to go unpunished. This is because the academic vice has similar consequent behavior in the social life of the student after college; either in marriage...

The paper "Dismissal from Employment" concerns such issues as conducting Dismissal meetings, ways in which a manager can cope with negative emotions from the Dismissal of an employee, ways termination of an employee can affect the company, compensation to the separated employee. ... Dismissal from employment can be voluntary or involuntary. It covers a wide and wild range of situations that lead to Dismissal. It would be shallow to vindicate that it is pleasant to dismiss an employee. However, conducting...

The following essay entitled "Seattle University Dismissal" provides apologies expresses by a dismissed student. As the author puts it: "My name is Sam and I received a Dismissal letter from the College of Science and Engineering at Seattle University".... I have just completed my first year at Seattle University as a transfer student and I seek a reversal of my Dismissal letter. In the course of my first year at Seattle University, I decided to change from a business major to mathematics major with...

"Academic Dismissal Appeal" paper contains a letter in which the author appeals his/her Dismissal from this university on grounds of academic failure. Based on the University's policies in comparison with his/her academic results he/she is not astounded but greatly disturbed by what has befallen. ... It is true my GPA fell below the minimum and I must admit I had quite a difficult session. I am not trying to justify the failure I recorded but I would like to bring to your attention the conditions...

From the paper "The Reality of Dismissal" it is clear that the government has been proposing necessary changes in the given statute and it can be referred to as an evolutionary legal framework that has been modified for providing benefits to both parties.... The unfair Dismissal statute is of utmost importance among various employment laws as it protects the employees from being unfairly fired from their job. The procedural guidelines provide ease of access for the employee to lodge a claim as well...

"Employment Law: Wrongful Dismissal" paper argues that a standout among the most essential statutory rights is the right to claim unfair Dismissal. A lot of uncalled-for dismissals have been heard by business tribunals and what takes after is a thought of the most imperative of those cases. ... The reason behind Dismissal must be within the categories of the prima facie or what is referred to as the potential reasons under the ERA 1996, Sec. 98(2). Dismissal based on gender, race, or religion cannot...

Summary Dismissal in essence is a kind of Dismissal that is instant due to gross misconduct and in many cases it takes effect immediately.There is no notice to termination of contract and the employer has the upper hand over the employee.... Summary Dismissal in essence is a kind of Dismissal that is instant due to gross misconduct and in many cases it takes effect immediately. There is no notice to termination of contract and the employer has the upper hand over the employee.However, the law is...

The present essay "Reason for Academic Dismissal" is focused on the excuses for academic Dismissal. As Aristotle puts it, education is an ornament in prosperity and a refuge in adversity. According to Tauscher, we worry about what a child will become tomorrow, yet we forget that he is someone today.... It is apprised with great regret that I being a student of Masters in Business Administration had been dismissed after the spring 2010 semester for low grades. Ever since I am having problems even...

The paper 'A Claim of Unfair Dismissal' presents employees who have been provided enhanced rights – especially to contest information about them which may affect them adversely. If a claim of unfair Dismissal is brought by Sarah, it will be regulated by Section 98.... In assessing whether there is potential for filing a claim, the Courts will determine the substantive and procedural fairness of the decision taken by the school. Procedurally, it may be noted that the school has adhered to the...

The paper "Letter of Dismissal" tells how I arrived at my workplace, armed with my laptop, ready for another busy week. The company secretary welcomed me with a warm smile and a brown letter. It was a Dismissal letter. Reason? My boss felt that I was not regular at work.... My job's nature entails someone to reach out to the client physically. I took my letter and left fully convinced that whoever will replace me will face the same challenges if things are not streamlined. As I stepped out of the...

Almost every nation in the world has existing laws with regards to the workforce especially, the employees and laborers to keep them from exploitation, underpaid and over worked jobs, security of tenure and other related benefits and incentives. ... Majority of the countries particularly the industries and companies inside it deems that the workers and laborers are the heart and soul or bread and butter, the reason why an industry exist. These companies have realized the importance of workers union...

The paper " Dismissal Disputes and Legal Proceedings" is aimed at identifying decisive factors of the effectiveness of the reinstatement remedy, based on data from 11 interview surveys of workers who litigated in court to return to their former positions.... Though the direct investigation of dismissed workers was not possible in that investigative study, the author had a chance to hold interviews of dismissed workers later. This study is aimed at describing decisive factors of possibilities of...

This paper "Dismissal of Rabban Gamaliel" tells us how Rabban Gamaliel insisted that the evening prayer, the Tefillah, was compulsory and had a time limit. Contrary to this opinion, Rabban Joshua said that the evening prayers did not have a formal time limit and were not compulsory.... Saying that the evening prayer has no limit is close to saying that it is optional. The prayers should have a specific timed period, to ensure that they do not overlap. Once they overlap, some will end up foregoing...

The paper "The Concept of Unfair Dismissal" suggests that unfair Dismissal is defined as the termination of an employee's contract by the employer in violation of the requirements of the Act. According to this Act, the employees have a right not to be dismissed unjustly.... Employees hold the right to a realistic notice prior to having their employment contract ended under section 86. Donald and Esme have worked for Cosham centre for 101 weeks and 100 weeks respectively. It is evident that the employer...

The paper "The Claim of Unfair Dismissal" highlights that through the negotiation process, arrangements can be worked out with employees for graduated payments or reduced payments as a part of the redundancy packages that would also correspondingly reduce the payments that need to be made.... One argument that may be proffered is that a layoff of workers may be justified when it has become a custom. (Smith and Wood, 2003). This would be a valid argument during the current recessionary environment...

The paper "The Process of Dismissal" explains that the decision is in accordance with our company policy that demands that any workers who fail to adhere to the code of conduct be suspended without pay for one and half months pending any other disciplinary action.... Following our discussion yesterday and based on tangible evidence, it is decided by the management that you be dismissed from our company immediately. This decision has been arrived at after wide consultation and consideration during...

From the paper "Unfair Dismissal Rules and the Business" it is clear that the employees were not consulted before beginning to start negotiations of the proposed enterprise agreement. Secondly, the agreement has termed which expires after fours instead of the specified three years.... Based on a critical analysis of Just Loafin' Around' bakery, it can be argued that the unfair Dismissal rules do not apply to it. Croissant's business, which consists of a chain of three bakeries, has four apprentices,...

As the paper "Human Resources - The Practice of Constructive Dismissal" tells, to defend against the allegations and respond to the former employee's allegations, the company has to show the necessity of the change in schedule and why it was inevitable to reverse back the change that was brought.... This paper contains a memo for the CEO regarding the case study presented. In this paper constructive discharge as a legal concept and areas covered under Title VII of the Civil Rights Act of 1964, relevant...

This essay "Fair and Unfair Dismissal in Employment" focuses on situations where unfair Dismissal occurs. It is the duty of the employer in law to determine why the employee was dismissed unfairly. They also have to establish if there are other reasons that led to the Dismissal. ... An employer is vicariously liable for harassment that is committed by his employee. In this case, the court confirmed the rule that, employers owed a duty of care to their employees to ensure that they were not harassed...

The advancement of unfair Dismissal law in the UK has seen it develop from 1971, with the country relying on the British common law to constitutional... 136). If the unfair Dismissal law were not in place, companies perhaps would discharge workers at any given time over trivial issues. Therefore, the unfair Dismissal law can be seen as the analogous of the state It is the somewhat a term that workers would like their contracts to have, but cannot claim, since it is a buyer's market for labour, and...

From the paper "Employee Dismissal - Perceptions of Organizational Downsizing", employee Dismissal is the process by which a firm terminates an individual's employment against his or her will. Termination or Dismissal results 'for cause' such as poor job performance, lack of 'fit' with the firm.... Inability to perform job responsibilities, conflict with top management and/or colleagues as well as misconduct. On the other hand, various circumstance of employee termination are beyond the employee...

The paper "Labour Law Contract, Gratuity Calculation, Arbitrary Dismissal" states that the first question in this section was linked with Labour Law. The questioner was working in a company for the last three years out of these three years period, two years and four months he worked on a visa.... After eight months of visa adjustment with the employing company, the employment led to termination due to some dispute. However, the company paid the labour dues only on the calculations based on the eight...

The paper "The UK Employment Law on Unfair Dismissal" states that when lawmakers and law protectors are converted into lawbreakers and offenders. Discrimination of the capitalist and bureaucrat against the lower group of people who are either working in a hazardous position.... Accordingly, the first defendant had for a consideration entered into a negative covenant which was limited neither territorially nor in time and such a covenant was enforceable provided it could not be attacked for obscurity,...

The study "Unfair Dismissal under the UK Employment Law" presents an analysis of whether Bill and the nannies are protected from Dismissal under the UK employment law, according to the evaluation whether they satisfy the legal requirement of being an employee under the UK law.... The legal definition of employee is described under Section 230(1) of the Employment Rights Act 1996 (ERA) as 'an individual who has entered into or works under... a contract of employment'. This definition has been criticized...

This essay "Legal Actions for Wrongful and Unfair Dismissal" compares and contrasts legal actions for wrongful and unfair Dismissal. The two issues must not be confused.... Wrongful Dismissal claims can be brought in the employment tribunal, the county court of High Court depending on the value of the claim. On the other hand, unfair Dismissal of an employee arises when an employee is working full time or part-time, the number of hours worked per week is relevant. The self-employed are excluded....

The paper 'Unfair and Wrongful Dismissal: Law for Managers' seeks to evaluate the termination of employment by an employer under terms that are in contravention of the Employment Rights Act of 1996. According to the provisions of the Act, the employer must have a fair reason.... The author states that when none of the fair reasons provided by the Act has been applied within the termination process, an individual can easily make a claim for unfair Dismissal. When these claims are made, the employment...

From the paper "Unfair Dismissal Rules and Small Businesses" it is clear that under Fair Work Act 2009 and specifically, the Transitional and Consequential Amendments there are set interaction rules that act between Fair Work instruments and transitional instruments. ... Unfair Dismissal constitutes any Dismissal that an employer can take without any valid reason. Critical considerations are taken when an employee was not given a warning for improvement or performance. There is Small Business Fair...

The author of the paper "Employment Law in Australia: Unfair Dismissal" will begin with the statement that the first important factor would be to show and substantiate if the unfair Dismissal applies to small businesses or not as per the Fair Work Act 2009 or not. ... The second then would be to establish if 'Just Loafin Around' Bakeries is a small business or not as per the number of employees. This then would help us deduce if Robert's company would be exempted from paying the two apprentices he...

Dismissal is the termination of a contract of an employee by an employer. The employment act introduces the ACAS code of practice. The paper " Unfair Dismissal And The Equality Act " discusses the reasons for Dismissal or the procedure employed for Dismissal is unfair or unlawful.... The Equality Act introduces two forms of discrimination which include direct and combined discrimination. Direct discrimination is a case whereby a person discriminates against another because of a protected characteristic...

The paper "Employment Law in Australia - Unfair Dismissal" states that several reasons that employers issue are common grounds for unfair Dismissal and infringement of statutory employment rights that each employee is entitled to according to Ford, Notestine, and Hill. ... Andrea can argue out her case and appeal to the reasoning of the court to allow her a forum that will enable her to explain what she meant by the 'colored arm'. She can explain that the term 'colored' could have been used to denote...

The researcher of the paper presents the scenario in which employment law issues are raised. The researcher will attempt to identify and discuss all of these issues. Some researcher's advices will be also given to Chris with reference to decided cases.... This article explores the subject of employment law under the following divisions: rights and obligations; health and safety; Dismissal requirement; penalties on unfair Dismissal. To dismiss or to terminate an employee justifiably, one of the following...

The legal issue in this paper "Dismissal on Grounds of Forum Non-Conveniens" is whether the district court should dismiss the action based on the doctrine of forum non-conveniens. Instead, the case should be referred to Greece or Cyprus courts for determination.... The author of the paper will begin with the statement that Kakos flight 225 was en-route from Cyprus to Moscow making a stopover in Greece. However, the plane crashed near Athens as had failed to pressurize. The representatives of those...

This paper explores the various corners of the statute of unfair Dismissal, initiating from its statutory definition, its historical development, reasons for fair Dismissal such as misconduct, redundancy, incapability, and reorganization, its discriminatory applications, the advantages associated. ... In majority cases Dismissal is evident, but in cases of uncertainty the onus is on the claimant to establish that he/she is dismissed and in case of failure, the case can't further proceed. Unfair Dismissal...

The paper "Employment Relations, Code of Good Practice on Dismissal" is an outstanding example of a management assignment. Employee Dismissal is considered biased if it is taken or put into effect for a reasonable reason and in agreement with a reasonable practice, even though it conforms to any notification time in a legislation occupation or in a contract of occupation.... The paper "Employment Relations, Code of Good Practice on Dismissal" is an outstanding example of a management assignment....

The paper 'Nick Ralph - New Limits on Unfair Dismissal Compensation" is a good example of a law case study. On 29th July 2013 a new limit on the unfair Dismissal compensation award was to be introduced and it was to take effect immediately. Its main aim was to lower the pay limit that the government has been fighting to control.... The paper 'Nick Ralph - New Limits on Unfair Dismissal Compensation" is a good example of a law case study. On 29th July 2013 a new limit on the unfair Dismissal compensation...

The employment relationship is often governed by both legal as well as voluntary measures. Additionally, the voluntary measures include agreements and other resolutions which are derived from collective bargaining, resolution, arbitration and grievances along with discipline handling. ... Legal measures comprises of European Union treaties and other directives, British law, case laws, common laws of contract and statutory codes and practices. Furthermore, the voluntary measures deal with the management...

The paper "Legal and Ethical Issues in Workforce Dismissal in Fast Service Company" highlights that the company will be in the position of streamlining its operation without any hindrance. For Carl Haimes, Dismissal will be for the good of the company.... We are going to concentrate on employee protection in the workplace. This is because it is always likely to find employees being handled unfairly in the companies by the employers, and not the other way round. Fortunately, several laws have been...

The paper "Management Personnel Policy and Labor Union Activities in One Dismissal Case" makes a preliminary discussion on critical turning points of one prolonged large-scale labor dispute about economic Dismissal, which lasted for over 14 years including the trial period.... As a first step towards the above-mentioned purpose, the Toyo Suiso case was chosen as the analysis subject of this study. The judgment of Tokyo High Court, in this case, is well-known as a judgment that established the legal...