Kevin's Dismissal - Case Study Example

Only on StudentShare

Extract of sample
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 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. ...Show more

Summary

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…
Author : arne44
Save Your Time for More Important Things
Let us write a custom case study on your topic
"Kevin's Dismissal"
with a personal 20% discount.
Find out more

Related Essays

Employee Relations Master Case Study
If a company maintains good employee relations then it is very reasonable to further claim that the disciplinary process is most likely to make positive contributions since the company will achieve operational effectiveness and the workers will also perceive fairness.
9 pages (2250 words) Case Study
Training of Employees in Call Centers
The means of making really adequate training programs are hard to come by. At that point the commitment would have been made, with significant economic and perhaps structural consequences to the company. Currys is a leading electrical retailer specialized in home appliances electronic devices.
10 pages (2500 words) Case Study
Gender in Organizations
Big strides have been taken in the last 30 years in the women's fight for gender equality, such that participation of women in the workforce has grown by leaps and bounds, and women are now welcome even in occupations previously dominated by men. Despite all the changes, however, studies show that the motherly instinct is so strong in women that they bring these homey qualities to work.
10 pages (2500 words) Essay
Alcoholic Abuse
11 pages (2750 words) Assignment
Cultural Background
Perhaps the strongest indication of my culture is my fluent use of Spanish in the home, work, and in social situations. However because of the availability of bilingual instruction in elementary, middle, and high schools, I also am able to read, write, and speak English fluently.
2 pages (500 words) Essay
Theodor Adorno
These thinkers developed and practised a form of understanding called critical theory. Other notable members of the Frankfurt School include Max Horkheimer, Walter Benjamin, and Herbert Marcuse. The Frankfurt School theorists all have a deep gratitude to the work of Karl Marx.
3 pages (750 words) Essay
Child Labour in Third World Countries
For instance, the U.S. Congress has, for a number of times, given consideration to legislation in order to ban imports of goods produced through child labour. In addition, support groups have managed to arrange boycotts by consumers to reprimand companies that employ children.
14 pages (3500 words) Essay
Human Rights and Refugee Convention
In other words if there is a possible occurrence that a person may be treated in a way, in their country of origin, that would be classed as a breach of the HRA in the UK; this breach would be imputed back to the UK through its act of deportation, therefore causing a breach in the HRA.
8 pages (2000 words) Essay
Find out how much would it cost
to 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