Definition of Dismissal - Literature review Example

This method, however, is not included in the contract laws but it is a discovery of the judges, it is based on the principle that employees are paid wages for the work that they do therefore if they do not work they should not be paid. When the employee accepts not to work for the employer even though he has the will and potential to work, it is deemed that he has accepted the repudiation, otherwise he would have stayed at home and sued the employer for payment of wages since the contract would still be valid (Akin, 2004, p569).

The provisions in the dismissal of an individual explain that an employee should only be dismissed without notice under three situations, the first one is if the employee has not completed one month since he started to work for the employer. Second is if the terms of the contract have the provisions for dismissal without notice, and the third is when an employee act in a manner that acts to betray the confidence and trust that the employer had placed in him. The notice period before a dismissal is usually written down in the contract should be a minimum of a week and in case the contract does not state the notice period the common law is applied.

Common law requires that the employer should give the employee a notice of at least one week for employment period lasting from one month to two years and then one extra week for an additional year above 2 years that the employee works up to a maximum of 12weeks. However, common law can give an employee up to 12 months depending on the seniority, expertise and the length that the employee has been working for the employer. The remedies available for wrongful dismissal in of an employee include compensation in a tribunal and damages in a court of law, the employees will, however, be required to apply for the compensation within three months after they have been dismissed (Geare, 2007, p276).

The employer is liable to pay the dismissed employee the loses that include his notice period including any benefits or pay rises that he was entitled, otherwise in the case of wrongful dismissal the employee can only sue for lost earnings and damages due to the spoiling of his reputation. For an employment relationship to be considered to exist there must be objective conditions, this means that the features that are existing in regard to the way the worker performs his duties and how he is remunerated by the employer must be put into consideration (Bird, and Charters, 2004 p212).

The rights of employers and employees depend on the duration of contract where the employee performs the assigned duties by the employer in return for her wages, if the employee fails to perform the assigned duties, then he breaches the contract for employment and is therefore liable for dismissal. In Jordan, the workers are protected by the labor act that stipulates that a worker be employed either indefinitely or for a specific period, in the agreement for a specific period, the contract is deemed to have been terminated at the end of the period.

However, if the employee continues to work after that period the law considers the contract to have been renewed and is considered to have been an indefinite contract from the beginning.