Essays on Unfair Dismissal, Dismissal without Notice Case Study

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The paper "Unfair Dismissal, Dismissal without Notice" is a perfect example of a business case study.   All the employers are bound by the regulations as stipulated in the s employment act. This employment act is meant to ensure that both the rights of the employer and the employee are not interfered with. The employment act, therefore, provides the regulations on how the employer and the employee are supposed to relate with one another. Without the employment act, the rights of the employees would be interfered with significantly especially by the organizations which would want to make a profit from the suffering of the employees.

In the case study examined, Allan’ s rights were significantly violated. This case study looks at these rights and what the law says about it. Discrimination Discrimination against employees is not legal according to the labor laws. The employees should be treated equally and no one should be discriminated from the others. In this case scenario, the manager of the organization was discriminatory in the handling of Allan’ s case. Although Allan reported to him, he, however, dismissed him and thus making him not to get another place where his problems can be addressed.

Since the responsibility of his manager is to ensure that all the employees are working in a condition that is conducive to them, not acting against Allan’ s case can be interpreted as discrimination against him. From the case, Allan is seen reporting to his superior as he seeks some help from him because the other employees are bullying him. However, the manager uses some unkind language to him and fails to act on this. Unfair Dismissal Convention no.

158 states clearly that no employee should be fired without a very good reason. Allan was one morning fired by his manager without him giving him sufficient reasons as to why he is being fired. The manager just walked into his office and told him that his services are not needed. According to international labor laws, employees are not supposed to be fired from the organization unless the management has a very good reason as to why it is firing that employee. The manager should investigate any case of misconduct before firing an employee and ensure that it is a very good case (Hugh, 2005, pp.

73). The firing of an employee should not be based on information which is hearsay. The organization should try to collect information and then avail it to the employee so that the employee can understand why such a step is being taken. Usually, the employee will need a very good reason as to why he or she should be fired before the management takes that step. In case of misconduct of an employee, the organization should first investigate the case thoroughly before handing the employee a dismissal later.

This will ensure that there is fairness in the dismissal of that employee and that the dismissal will not be interpreted as being discriminatory to that employee (Machina, 2008, pp. 89). There are various ways in which the organization can investigate an incident of misconduct. First, the company can form a tribunal if the case involves very gross misconduct. The tribunal will collect information and build a case against him. In this case, the people who are aggrieved will be invited as witnesses against that particular employee.

The tribunal will then listen to all the witnesses who are against the employee. That is, the employee will be given time to defend himself. He may also invite his own witnesses so that he can prove that he is innocent. After the tribunal listens to all sides, it can make recommendations to the management to either dismiss the employee or give a warning to the employee or ignore the complaints against the employee (Gillian, 2005, pp. 104).

References

Bibliographies

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Gillian Morris, 2005, Labor Law, United Kingdom: Hart Publishing.

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Hugh Collins, 2005, Labor Law, Cases, Texts and Materials; United Kingdom: Hart Publishing

Machina, I. 2008, Problems in Work Place New York: law Publishers.

Netter, H. 1988, the Market and Employment; London: Free Press

Norman Selwyn, 2008, Selwyn's Law of Employment. United States: Oxford University Press

Stephen F. & Budd, J. W. 2009, Invisible Hands, Invisible Objectives: Bringing Workplace Law and Public Policy into Focus; United States: Stanford University Press

Thaler H. 2001, Employment and Laws, United Stated: Oxford University Press

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