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Can an Employer Dismiss an Employee Fairly - Dissertation Example

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The dissertation “Can an Employer Dismiss an Employee Fairly?” tries to determine if an employer can, in fact, dismiss an employee fairly. The circumstances governing this situation would be examined and evaluated accordingly. Dismissal is defined as a discharge of an individual or corporation from employment…
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Can an Employer Dismiss an Employee Fairly
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Download file to see previous pages Dismissal is defined simply in the Legal Dictionary (2009) as “a discharge of an individual or corporation from employment”. Despite its simple definition, the laws governing dismissal explicitly identified three situations for it to be considered as such, to wit: (1) termination of the employees' contract by the employer, with or without notice; (2) expiry of a fixed term contract without renewal; and (3) constructive dismissal. Details of the definitions and interpretations of dismissal can be viewed at the British Employment Law website.
Constructive dismissal, in this case, is clearly explained by Duhaime as “under the employment law of some states, judges will consider a situation where there has been a fundamental violation of the rights of an employee, by the employer, so severe that the employee would have the right to consider himself as dismissed, even though, in fact, there has been no act of dismissal on the part of the employer. (Viewed at Legal Definition of Constructive Dismissal website at <http://www.duhaime.org/LegalDictionary/C/ConstructiveDismissal.aspx>
By the definitions, it is eminent that there are situations which stipulate that employers have fair grounds for employees to be dismissed. Therefore, to answer the first question: “can an employer dismiss an employee fairly?” The response is yes; under clearly stated circumstances as will be discussed below.
According to the BEL (2009), “in coming to its decision on fairness an employment tribunal is likely to pay particular regard to whether or not the employer had issued formal policies or rules, for example in a staff handbook or policy document, covering the particular situation (and whether the employee was or ought to have been aware of the relevant policy). It is for this reason that a prudent employer will ensure he has in place formal staff policies covering. ...Download file to see next pagesRead More
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