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Other topic Essay Example

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Numerous jurisdictions give courts which will hear activities for wrongful dismissal. As demonstrated, wrongful release will have a tendency to prompt two primary remedies: restoration of the dismissed worker, and/or financial remuneration for the wrongfully sacked worker. A related circumstance is useful dismissal, in which a worker feels no decision however to leave from vocation for reasons involuntary by the employer.One approach to stay away from potential obligation for wrongful termination is to create a vocation probation period after which another employee may be consequently terminated unless there is sufficient support not to take that particular course of action2. In the case of Ken, the released worker may at present declare a case; however verification will be more troublesome, as the manager may have expansive carefulness with holding such a temporary worker (Rita).Dealing with the issues arising as a result of unfair dismissals and common law claims for wrongful termination, a lot of emphasis focuses on various provisions. The “General protections” handles the issues associated with the dismissal that are mostly forbidden under the FW Act.Since 1st July 2009, numerous provisions and procedures guiding unfair dismissals have been operational. Most of these provisions stipulate that a person may be unfairly dismissed under section 385 of the FW Act if the following issues are applicable:In most cases, an individual has to be protected from unfair dismissal to enjoy or apply for a remedy for unfair dismissal3. There are numerous case studies that show an unfair dismissal bench book, which gives details of the law and procedures that guide the process of unfair dismissal cases. There are numerous procedures that must be adhered to when determining whether dismissal is fair or unfair.There are many instances when employers opt to dismiss employees on diverse grounds. Employers are sometimes subjected to penalties after they have terminated his/her employee(s)’ contract without following the provisions under the relevant laws guiding termination of a worker’s contract. Below are some selected cases that help understand the issues associated with unfair dismissal that may guide Rita and Ken address the issues affecting them.The facts of the case indicated that Mr Jones was summarily dismissed or relieved

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References

Department of Trade and Industry, Success at Work: Resolving Disputes in the Workplace: A Consultation (Department of Trade and Industry 2007)

Duncan, N. The City Law School, Jennifer, E, Hungerford-Welch, P. and John Sprack, Employment Law in Practice,. Oxford: Oxford University Press. (2002).

Employment Act 2002 (Dispute Resolution) Regulations, 2004 SI 2004/752

H Metcalf and P Meadows, Survey of Employers’ Policies, Practices and Preferences relating to Age (Department of Trade and Industry 2006)

Kilpatrick C, ‘Age, Retirement and the Employment Contract’ [2007] ILJ 119

M Gibbons, Better Dispute Resolution: A Review of Employment Dispute Resolution in Great Britain (Department of Trade and Industry 2007) 60.

Metcalf H and Meadows P, Survey of Employers’ Policies, Practices and Preferences relating to Age (Department of Trade and Industry 2006)

Stredwick J, Flexible Working (2ndedn Chartered Institute of Personnel and Development 2005)

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preview essay on Other topic
  • Pages: 12 (3000 words)
  • Document Type: Coursework
  • Subject: Law
  • Level: Undergraduate
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