Kevin's Dismissal

Masters
Case Study
People
Pages 10 (2510 words)
Download 0
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…

Introduction

Davis' company rules define such conduct as gross misconduct with the result that the employee in question is subject to summary dismissal. This kind of conduct is considered gross conduct since the employer considers that machinery should be operated by a specific number of employees. The first issue is therefore whether or not such a standard and rule by Davis is fair and reasonable. Having regard to onerous duty placed upon the employee by virtue of Section 2 of the Health and Safety at Work Act 1974, such a standard and rule is fair and reasonable in the circumstances. Section 2(2) provides as follows:
"...the matters to which that duty extends include, in particular - the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; the provision of such information, instruction, training and supervision as is necessary to ensure, so employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work."1
This statutory duty on the part of the employer was preceded by a common law duty to provide for the health and safety of all employees.2 The House of Lords held in Wilsons & Clyde Coal Co. ...
Download paper
Not exactly what you need?

Related papers

Employee Relations Master Case Study
Similarly the conflicts as well as the disagreements in the company could be resolved and structured in a way that any industrial actions or any other forms of disaffections are avoided. The company should also provide a framework which is normative for dealing and the identification of the problematic areas in the company. (Alderman 1992)…
Gender in Organizations
As a result, women remain different from men in that they put in more time and effort at the workplace and do more unpaid housework than their male partners. This is the main point raised by Ilene Philipson (2002) and David Schweingruber (2007), whose papers were selected as the two centerpieces of research for this essay because they capture the essence of the topic we want to discuss: that is,…
Adolescence
Plastic surgery has two major disciplines - cosmetic and reconstructive surgery. Cosmetic surgery corrects displeasing physical characteristics by attempting to produce a more harmonious or although many people associate plastic surgery as something have to do with plastic, the term originates from the Greek "plassein," meaning "to form." It has nothing to do with the modern synthetic material.…
Kevin's Dismissal
Davis' company rules define such conduct as gross misconduct with the result that the employee in question is subject to summary dismissal. This kind of conduct is considered gross conduct since the employer considers that machinery should be operated by a specific number of employees. The first issue is therefore whether or not such a standard and rule by Davis is fair and reasonable. Having…
Theodor Adorno
Adorno was also influenced by Hegel, Kant, Heidegger and Lukas (Callaghan, 2000). Adorno was primarily a philosophical thinker. The label 'social philosopher' emphasises the socially critical aspect of his philosophical thinking, which from 1945 onwards took an intellectually well-known position in the critical theory of the Frankfurt School (Theodor Adorno, 2006). Adorno was greatly influenced by…
Child Labour in Third World Countries
In 2002, the U.S. Congress passed legislation ordering the Department of Labour's Bureau of International Labour Affairs to study the relationship between education and military expenditure in countries where child labour is recognized to be particularly common.…
Human Rights and Refugee Convention
These persons are not technically asylum seekers as they are making a claim under the Refugee Convention; therefore this adds additional, albeit limited protections, to persons in fear of abuse. So for the purposes of this discussion they will be defined as asylum seekers. Persons who are looking for a safe place to enjoy their life and freedoms and in some cases obtain their basic needs, i.e.,…