1 .Identify and explain five reasons for dismissal that would be considered ‘fair’ according to current legal definitions . Misconduct : Employee have broken one or more of the terms of their employment‚ e.g.: Continually missing work ‚ poor discipline ‚ theft or dishonesty. Redundancy : This means there’s no more‚ or not enough work for employee. It might occur if: employer closes or restructures ‚employer relocates ‚employer needs fewer workers . Incapability : This means that employee can’t
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t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially based upon breach of the contract of employment. From the point of view of the employee‚ there are significant deficiencies in this civil law relief as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as stipulated by the contract‚ damages will often be limited to the
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Unfair dismissal Ethical issues arise when a person believes that they have been dismissed without any proper reasons. When someone is putting in an unfair dismissal remedy application‚ FWA (fair work Australia) must decide if this dismissal was unethical. FWA must take into account the following points which decide wether the dismissal was harsh‚ unjust or unreasonable‚ therefore making it unethical. * whether there was a valid reason for the dismissal related to the person’s capacity
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1 Fairness of Dismissal – General Points 1.1 The ERA 1996 s98 (4) states: The determination of the question of whether the dismissal is fair or not (having regard to the reason shown by the employer) shall depend on whether: • In the circumstances of the case • Including the size and administrative resources of the employer’s undertaking • The employer acted reasonably or unreasonably • In treating it as a sufficient reason for dismissing the employee AND • Shall be determined
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What is unfair dismissal? Under section 98 of Employment Rights Act 1996‚ in determining whether the dismissal of an employee is just or unjust‚ the employers have the obligations to prove that there were solid reasons for dismissal. Failure to prove -> unfair dismissal Qualifying period increases http://www.lexisnexis.com/uk/legal/results/enhdocview.do?docLinkInd=true&ersKey=23_T16964167151&format=GNBFULL&startDocNo=0&resultsUrlKey=0_T16964167163&backKey=20_T16964167164&csi=371442&docNo=11
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The Current Employment Relations Issue of Unfair Dismissal and Pregnancy A recent employment relations concern deals with unfair dismissal. When an employee is dismissed for certain statutory reasons‚ is inequitable and is incompatible to the merits of the situation; this phenomenon is known as unfair dismissal. This has been a long debated issue concerning all participants in the employment relationship. Investigation of the current employment relations issue of unfair dismissal found that emphasis
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Employment Law-Wrongful Dismissal Sandy Baratta (former Oracle Vice President for Global Alliance) vs Oracle (software and Hardware Company).2000-San Fransisco. Sandy Baratta claimed to have been fired for her pregnancy and whistle blowing against co-workers. The pregnancy termination claim was based on some deprecating comments made to her by the Oracle Vice President about pregnant executives. Sandy claims she was fired just after she had made a report about Oracle software group lifting some
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Drake and Keeler employer could argue the employment-at-will law was the reason for their discharge. According to Lisa Guerin‚ if Drake and Keeler are employed as at-will employees‚ then his or her employer does not need to have a good cause to fire him or her. In fact‚ if Drake and Keeler employer did not make it clear as to what kind of employee he or she was‚ then according to the law he or she is presumed to be hired as at-will. The only way Drake and Keeler can avoid being an at-will employee
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of Management Employment Law The ADA was put in place to protect the rights and employment of individuals with a qualified diagnosed disability.In the ADA tutorial‚ Karina may be eligible for accommodations and to be protected under the ADA because she has met the two required conditions; she has met the qualifications to perform her job and she can perform her job duties with or without accommodations (EEOC‚ ADA‚ 2005). Once Karina provides the proper documentation‚ her case would need to be
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Employment Law Brief The Clapton Commercial Construction Company located in Detroit‚ Michigan‚ is planning to expand its business into the state of Arizona. It is a medium-sized company with 650 employees and possibly increasing an additional 20% in the new state. Prior to the move‚ the human resources (HR) department must be aware of applicable employment laws that may affect the business. Outlined below are brief summaries and consequences for noncompliance of the following employment laws:
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