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Rodney has worked for Greengrass Ltd, a firm of seed wholesalers, as the company accountant, for fourteen years. On a recent au - Essay Example

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UNFAIR DISCRIMINATION EMPLOYMENT LAW [Pick the date] HP Introduction Rodney had been working for a seed wholesaler firm called the Green grass Ltd. Rodney held the post of accountant in the firm for fourteen years. During an audit it was discovered that the Green grass ltd…
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Rodney has worked for Greengrass Ltd, a firm of seed wholesalers, as the company accountant, for fourteen years. On a recent au
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Extract of sample "Rodney has worked for Greengrass Ltd, a firm of seed wholesalers, as the company accountant, for fourteen years. On a recent au"

Download file to see previous pages Still before being dismissed no in depth investigation was conducted into the matter and also Rodney was not provided with any explanation what so ever of how the firm reached the decision. At the same time the CEO refrained from providing Rodney a chance to say anything in his defense, and no compensation was awarded for the sudden dismissal. Compensation can be claimed by Rodney provided the dismissal is proven to be either wrongful or unfair. Although the ACAS cannot be legally and lawfully implemented yet it is a disciplinary guideline for employers to manage their workforce and is given importance during the legal proceedings if a tribunal hears the case (Bell, 2006) Rodney’s employment termination will be classified as wrongful and unfair by ACAS (ACAS, 2013). The unfair dismissal can be characterized with regards to the band of reasonable responses test and the procedural fairness (Bell, 2006). Rodney can claim a grievance for Supervisory practices (OPEIU, 2013; ACAS, 2009). He can be compensated for being unfairly dismissed. Green grass ltd. can claim that a contract breach can occur on suspicion of theft and Rodney be dismissed without any sound proof; not holding green grass ltd. liable to remedy Rodney’s dismissal. ...
With Rodney being employed for 14 years the CEO of Green grass ltd. should have provided him with 12 weeks (1 week for every year) worth of notice before dismissing him; as it the maximum period allowed (compactlaw, 2013). But for the assurety of wrongful dismissal the contract will need to be studied. Remedies for Wrongful Dismissal Following remedies can be claimed for wrongful dismissal (compactlaw, 2013): 1. Unpaid wages 2. Money for correct notice 3. Perks 4. Pension loss 5. Commission, bonus payments Unfair Dismissal of Rodney The Dismissal of Rodney will be regarded as unfair by the Government of United Kingdom as the CEO of Green Grass ltd. had no satisfactory reason behind dismissing Rodney and also he did not follow the disciplinary procedures of the company to authenticate the dismissal (Gov, 2013). According to ACAS (2013), the dismissal is ‘automatically unfair’; irrespective even if the employer used a reasonable cause to terminate the employment of Rodney since he had been a full time employee at Green Grass ltd. for the past fourteen years. The employee also needs to be an employee of the same firm for a continuous period of two years to qualify for unfair dismissal (Compactlaw, 2013). The only way the dismissal could have been categorized as fair if the employer would have been able to prove that the decision to dismiss Rodney had been carried out for; misconduct, incapability or being unqualified for the job, redundancy or statutory restrictions on job continuation (ACAS, 2013). The CEO accused Rodney of misconduct in terms of dishonesty and misplacement of monies from the accounts and dismissed him providing no further reason for the dismissal. The unfairness of the dismissal when being judged by a ...Download file to see next pages Read More
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