She recently received a final written warning after missing a deadline and believes the company is trying to work her out of the business unless she concedes It is my plan to examine the employment law relevant to this case such as The Unfair Dismissals Act, to determine if Tara were to take a constructive dismissal case would it be successful. To look at various different aspects of the law such as Transfer of Undertakings Protection of Employment to advise Tara to her rights as an employee after the company changed hands.
Due to the challenges of extracting text from PDFs, it will have odd formatting: It is correct to say that unfair dismissal law is 'light touch' as it imposes few constraints on employers' powers of discipline and dismissal. In this way managerial prerogative in this part of the employment relationship reins large.
Thus "'economic prosperity' [of employers] dominates 'social justice' [of employees]" Saunders, This is unfortunate, especially as the power of dismissal is the "fiercest sanction which backs up managerial authority to direct the workforce" and dismissal law has become the "tail [wagging] the whole dog of employment relation" Collins.
Unfair dismissal is 'light touch' by imposing few constraints on employers' powers of discipline and dismissal in that employers have a wide range of potentially fair reasons to dismiss an employee, the courts are too deferential to the reasonableness of that decision to dismiss, the employee is not able to claim damages for the manner of their dismissal nor can a trust duty be implied into dismissal proceedings or express disciplinary procedures give rise to damages, and finally there are many procedural hurdles for the employee claimant to overcome making it difficult for them to challenge any employer decision.
First, Section 98 1 b of the Employment Rights Act includes "some other substantial reason" in addition to those spelled out in subsection 2 for potentially fair reasons for dismissal.
The courts' interpretation of this has been very generous and wide. This 'light touch regulation' has allowed employers much greater lee-way in dismissing employees for a whole host of reasons.
This means there are fewer constraints on employers' powers of discipline and dismissal. Examples of the courts' extension of 'some other substantial reason' SOSR are bountiful. In Mohamed the court said: The employers separated Mrs M from those two employees with the result that she was deprived of her supervisory role; she refused to accept changes and was dismissed.
This was an SOSR dismissal which demonstrates the court's broad approach and managerial prerogative. InCatamaran Cruises a business in financial difficulties was taken over by new owner who negotiated changes in positions with trade union.
Most employees accepted changes but a few did not and so were dismissed.
Again this was held to be a SOSR dismissal. The courts have extended SOSR far too far e. Saunders - Mr S was a maintenance man at children's camp; he was dismissed on grounds of homosexual activities even though he had no contact with children, but his employers thought it not suitable to employ any person with such tendencies.
This was held to be a potentially fair reason. In Perkin the Court of Appeal held that dismissal as a result of an employee's difficult personality was a potentially fair dismissal for SOSR, and in Klusova that a Buy the full version of these notes or essay plans and more in our Labour Law Notes.
More Labour Law Samples.Report On Unfair Dismissal Rights Post The Workchoices Reforms Essay - Introduction After being endorsed through the Workplace Relations Amendment (Work Choices) Act (Cth) (‘Work Choices’), radical changes have been made to the Australian systems.
A common essay question in employment law is to discuss the difference between unfair dismissal and wrongful dismissal. Differences Between Unfair Dismissal and Wrongful Dismissal Claims: By contrast, a claim for unfair dismissal is altogether significantly different to a claim for wrongful dismissal.
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This essay analyzes two types of dismissal that are fair or unfair depending on the circumstances under which the contract is terminated. A dismissal is considered fair if the right disciplinary and grievance procedures were followed and the matter was investigated fully before a decision was made.
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