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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Table of Contents Wrongful Dismissal 2 Just Cause 2 Reasonable Notice 4 Constructive Dismissal 5 Watson v. Seacastle Enterprises Inc. 5 Did the defendant wrongfully dismiss the plaintiff? 6 Did the defendant constructively dismiss the plaintiff? 7 What are the damages owed to the plaintiff? 8 Impact on the Hospitality Industry 9 Conclusion 1 Recommendation 1 Work Cited 1 What is Wrongful Dismissal? Dismissal refers to the employer ’s choice to let go of the employee generally
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Gough Whitlam Gough Whitlam was a man who achieved many things during his time as prime minister‚ but was also the only prime minister to be sacked by the governor general in all of history. As well as outlining Whitlam’s significance and contribution to Australia‚ I will also recognise how he went wrong‚ and what he did that got him removed from parliament. Edward Gough Whitlam was born in 1916 in Melbourne. At 56‚ he became the 21st prime minister of Australia‚ which lasted for approximately
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Assignment #3 HRM 530 – Strategic Human Resources Management Dismissal Meeting 1. Propose three (3) ways that a manager can cope with any negative emotions that may accompany an employee layoff. When the economy — or a company’s business — goes south‚ the quickest way a company can chop its costs is by laying off its employees. It’s never popular and often companies will try other cost-cutting measures long before they have to cut workers‚ but if you’re among those who get the pink slip
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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 Summary Dismissal? Discuss the various misconducts that can lead to summary dismissal of an employee using decided cases. LABOUR LAW AND PUBLIC POLICY 1.0 INTRODUCTION A contract of employment is a category of contract used in labour law to attribute right and responsibilities between parties to a bargain. The contract is between an "employee" and an "employer." It has arisen out of the old master-servant law‚ used before the 20th century. But generally‚ the contract of employment denotes
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Indigenous 3 senses of affair was the insurance area in which the Whitlam Regime activity effected some of its most transformational modification . Under the Whitlam Government‚ a policy of ‘self conclusion ’ was adopted‚ whereby the Commonwealth would accompaniment decision-devising by indigenous communities themselves‚ and relinquish the paternalistic command that previous governments had wielded over the lives of indigenous people. The Whitlam Government seek to empower indigenous people to title back
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Running head: Dismissal Meeting Assignment # 2 – Dismissal Meeting Dr. Obi. Iwuanyanwu HRM 530 Strategic Human Resource Management February 17‚ 2014 Strayer University 1. Propose three ways that a manager can cope with any negative emotions that may accompany an employee layoff. Layoffs are tough for both the employee being laid off and the company for which he/she worked. The situation causes so much uncertainty amongst the remaining employees. The feeling among
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|Discussed whether Caroline’s claim for Constructive Dismissal can be sustained. Provide your justification in details by citing the | |examples from the above case and supported by the relevant supporting documents. | In dealing with constructive dismissal cases‚ based on the Industrial Relations Act 1967‚ under section 20‚ a workman is given recourse in the absence of a formal dismissal or termination‚ just as long as the workman considers
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Gough Whitlam Assess the contribution of Gough Whitlam to Australia’s post-war development Plan Introduction - Had a wide ranging reforming plan - Aimed more to change the social aspect of society than to solve Australia’s economic problems - In 1975‚ the Liberal Party blocked the supply bill to the Senate‚ eventually leading to Whitlam’s dismissal on the 11th November‚ 1975‚ by Sir John Kerr. However‚ even though the Whitlam government lost the next election‚ many felt that he made a
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