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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Unfair Dismissal Acts 1977 – 2007 1. What workers are excluded from the protection of the Unfair Dismissals Acts? • Employees with less than one year’s continuous service‚ but this does not apply when the dismissal results from pregnancy or trade union activities – dismissal for such reasons is indefensible • Employees who have reached normal retiring age • Close relatives of the employer‚ employed and living at the employer’s residence or farm • Members of the Defence Forces or Gardai
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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 is placed
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offered for the intervention of unfair dismissal law in the employer ’s ability to manage its own business: redressing the imbalance in bargaining power between employers and employees; protecting a property right that employees have‚ or ought to have‚ in their jobs; and protecting the dignity and autonomy of employees. The protection of these values is far from absolute‚ and in many cases economic efficiency and managerial discretion take precedence‚ but unfair dismissal law demonstrates society ’s
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Speech: Sir John Kerr Sir John Kerr was born in 1914 to a boiler maker farther. He went to Fort Street High School and studied law at Sydney University. After Graduating he became a barrister and was notorious for having trade union clients and his strong connections to the Australian Labour Party. He even considered running for parliament as a labour candidate. He worked his way through the ranks of law until he became Chief Justice of NSW in 1972. By then the Gough Whitlam had ended 23 years
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BINDURA UNIVERSITY OF SCIENCE EDUCATION NAME TINASHE MUNYIKWA REG NO B0823640 PROGRAMME BBS HRM COURSE LABOUR LAW BS227 LECTURER MR MARINGE Cabrelli (2009) defines employee dismissal as a situation whereby the contract under which an employee has been employed is terminated by the employer (whether with or without notice).Strike is defined as the classical form of collective job action‚ including the collective withdrawal of
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