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Kevin's Dismissal - Case Study Example
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…
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. ...