StudentShare solutions
Triangle menu

Employment Law: 1 - Case Study Example

Not dowloaded yet

Extract of sample
Employment Law: 1

If they had dismissed Sam from the job without a sexual abuse complaint in the background, he would have definitely sued them for unlawful dismissal and they would have been forced to compensate him for the money and the career prospectus that he had lost due to their dismissal. As a grave charge of sexual assault is made here, Sam is unable to knock at the legal door. In any job, job security is of paramount importance without which the mental, physical wellbeing of the worker could be ruined combined with a disastrous career route. "The employee who loses his or her job in an economy which uses market exchanges to direct labour towards remunerative employment is immediately deprived of his or her major source of wealth, and will possibly suffer long-term impoverishment as a result of unemployment. At the same time the worker is excluded from the workplace which is likely to constitute a significant community in his or her life," Collins (1992, p.15).
The worker loses his dignity and self-confidence to find another job. Even he gets an alternative job; he would find it difficult to work freely in that post being haunted by the earlier unsavoury memories. There are psychological cases where the person was scarred for life. The importance of job security is so high that almost all the governments have chosen to pass as many laws as possible to create an atmosphere of security for the worker.

"This interpretation of the underlying justification of legislation against unfair dismissal suggests both why many legal systems have passed legislation which improves a worker's job security and why none of these laws goes so far as to grant the employee a property right in his or her job," Collins (1992, p.21).

Even though ideologically the Common Law proclaims that workers should be protected from unfair and wrongful dismissals, its position is seen to be weaker here mainly because the law has to respect the autonomy of the private sectors and maintain neutrality between conflicting interests. It also has to protect the equality of treatment of all the parties concerned, whereas the Employment tribunals have more power to hear the worker's side of the story.

There are many points here, which look suspicious and at the same time, they might work in Sam's favour if he decides to sue the company. He has not seen or read the complaint. He is unaware of the person who has made the complaint. A copy of the complaint, contrary to normal proceedings, was not given to him. He is not even definite if any such complaint exists at all.

There are a few mistakes that were committed by Sam. He did not demand for the copy of the complaint made against him. He did not explain to the company that he did not commit such an act. Being 'too shocked' cannot be carried on for many days. Before accepting the dismissal order, he did not ask the company to give reasons for dismissal in writing. It was his fault to accept the final salary without protest, because in any company, it is easier to fight with the management when the person is still an insider and more difficult as an outsider. His acceptance of the dismissal letter and the final payment could be presumed as admittance of guilt. It is still peculiar that the person who has charged him of sexual misconduct neither went to the police nor pursued the matter against Sam. Another intriguing factor here is why exactly the person ...Show more

Summary

First of all, Sam does not know if the client really complained against him, or if it is the trick played by his employers to get rid of him, because Sam, under the presented circumstances, would not dare to sue them legally, as there is a possibility of a sexual abuse cropping up against him…
Author : zturner
Employment Law: case study 1 essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Employment Law: case study 1"
with a personal 20% discount.
Grab the best paper

Related Essays

Employment law: Janets Rights
The given case study of Jami Jensen is a clear case of sexual harassment and racial discrimination. Sexual harassment and racial discrimination are the two issues involved in the given case.
3 pages (750 words) Case Study
Workplace Law Case Study
Workplace Law- Case Study The case states that no formal contract or agreement was signed between the employee, Jane Jones and the employer - T Total Mechanic Management Services Pty Ltd. However, according to Common Law, when any firm agrees to hire or employ an individual a contract of employment is said to have been made, regardless of whether it was formally signed or not.
4 pages (1000 words) Case Study
Employment Law College Case Study
To be able to determine whether Mary is said to be an employee or the independent contractor under this common law, there must be careful examination of the relationship between the worker as well as the business. The evidence of control that are all possible including the independence must also be considered and the determination of an employee-independent contractor, thee should also be consideration with all the information that may provide the evidence in the degree of control as well as the independence' degree.
2 pages (500 words) Case Study
Employment Law Case Study
The lady became very agitated and angry at Tom's "hard sell". She said, "Look if i say I don't need anything, I mean it. I know you have to meet your target, to get your commission and fancy holidays but not at my expense". Upon this, Tom replied: "I don't need to take this rubbish from you.
11 pages (2750 words) Case Study
Individual Employment Law
Doyle advised, "Linda Doyle was quoted in the November issue of CFO magazine advising CFOs not to treat noncompete agreements lightly because all too often they are not appreciated in terms of enforceability." This brings us to your matter and the question of enforceability of your verbal agreement.
7 pages (1750 words) Case Study
UK Employment Law
And if the persons in lawmaker of the country act in such way secretly, then who is going to make the law. If any how the law is made with the demands of the people, then who is going to act on them In the story "The Nights Mary Poppins Died", Muriel Mandox is herself Minister of Justice in the Cabinet, but she have done not only all the possible injustice in her private life, but also the maximum crime a person can do in life.
6 pages (1500 words) Case Study
Employment Law Master Case Study
Since there has not been a proper procedure undertaken by Biosynth to establish whether Parveen and Joshua's behaviour or actions were minor acts of misconduct or grave acts of misconduct, the two employees remain as such until a proper termination and dismissal occurs.
7 pages (1750 words) Case Study
Copyright Law Case Study
An important example of this is the peer-to-peer file sharing system of copyrighted music. The Napster and Grokster cases are a good illustration of the legal responsibility of the industries.The copyright industries themselves have responded with new business strategies by providing legal download services.
12 pages (3000 words) Case Study
Employment Law: case study 2
1 statement represents a 'contractual document.' As has been decided in Robertson and Jackson v British Gas Corporation by the Appellate Tribunal, simply by signing to a Sec. 1 statement the employee cannot be held to have consented specifically to a variation of the earlier agreement of mobility obligations.
12 pages (3000 words) Case Study
Case Study from Employment Law
ntil in the 1970s when more specific employment laws were made to adequately protect the employees against exploitation, discrimination, unnecessary terminations, and even infringement of their human rights by the employers (Hutchins and Harrison, 1876, p. 179). In the recent
2 pages (500 words) Case Study
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation