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Seminar Question - Essay Example

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Q1. For the purposes of advising the parties upon the merits of any claim that may ensue under the unfair dismissal legislation in the three cases given, it is imperative to define the word contract so as to try to gain a clear understanding of the issues arising from the cases…
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Seminar Question

Download file to see previous pages... Simply put, if you promise that you will do something for another person and in return, that person agrees to pay you something, then you and that person have made a contract. A contract can be in verbal or written form but the most important thing is that there would be an agreement especially between two parties. Likewise, according to the labour laws of many countries, both the worker and the employee are bound by certain statutory regulations that would ensure that no party will breach the agreed contract. Indeed, when a person has decided to enter into an agreement with someone, both parties should have a common ground of understanding of the nature of the contract they would be agreeing upon so as to avoid conflict and misunderstanding in the future.
Thus, the case involving Will Bearing can be attributed to as unfair dismissal or termination of contract as a result of foreseen circumstances that were meant to benefit the foreman but which he apparently refused to endorse as a driver. The foreman wanted Will Bearing to falsify a tachograph reading in the lorry which he was to drive but he refused which led to an altercation between the two leading to a fight. Unfortunately, the consequences led to Will’s dismissal without notice and he was denied any representation. Legally, he is entitled to be represented in such a situation under the terms of agreement in the contract. His dismissal is unfair as well as the allegations of subsequent discovery that Will had been pilfering with some of the loads which he carried. This could have been brought to his attention before his dismissal if that could have been the case. One thing that is disturbing and unfair in Will’s dismissal is that he has not been given the reason for instant termination of his contract and he stands better chances of winning his case in the court of law.
In the event of a successful claim, Will stands better chances of being reinstated to his ...Download file to see next pagesRead More
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