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Dismissal: fair or unfair - Essay Example

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The major weaknesses of this study are concentrated on the dismissal. It can occur if a fixed-term employment contract is not renewed under the same terms and conditions. In this case the dismissal is referred as constructive dismissal. …
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Dismissal: fair or unfair
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Download file to see previous pages According to the research findings it can therefore be said that the employment law regulates the working relationship between the employer and employees as well as other stakeholders in the labour market. It guides employer and employees actions by defining their rights and responsibilities. It deals with issues such as wages, employee benefits and workplace health and safety among other issues. By offering employment to an employee, both parties enter into an employment contract which may be implied or expressed orally or in writing. However, it is required that a written contract be given to employees after two months of service stipulating the employment terms and conditions. Breach of such a contract by either party is a violation of employment law amounting to a dispute which can be settled by an employment tribunal or the court of law. The employer is not supposed to terminate such a contract without a written notice to the employee and without justification as it amounts to unfair dismissal but it depends on the type of employment relationship that exists between employer and employee. The employee may file for unfair dismissal with the employment tribunal which then investigates the facts and determines the outcome and if it is established that the employee was unfairly dismissed, he/she may be reinstated or compensated. According to Lewis, Sargeant & Schwab, a person is treated as dismissed if “the contract under which he/she is employed is terminated with or without notice.”...
An employee can also terminate his/her contract with or without notice as a result of an employer’s conduct which compels him/her to leave the organization. In this case the dismissal is referred as constructive dismissal. A dismissal may be 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. If it is a matter related to performance, the employer should warn the employee and give him ample time to improve and also provide all the necessary support needed to facilitate performance such as training and development to improve worker skills (Selwyn, 2008). If the employee does not improve, then the employer can dismiss him. An employee can also be dismissed in case of redundancy provided the right procedure is followed. The employer can also terminate the contract if he feels that the employee could not continue working in the same position without contravention on the part of employee or employer, of a duty or restriction imposed under a statute (Lewis & Sargeant, 2004: 15). The employer can also terminate an employment contract if he/she has substantial reason to justify the dismissal. However, the employer should give the employee ample notice as required by the law depending on the length of service. As per Section 92 of Employment Rights Act 1996, an employee who has worked continuously for one year has the right to be issued with a written statement within 14 days giving particulars of the reasons for dismissal. A person who has worked for more than one month ...Download file to see next pages Read More
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