Dismissal

Claimants and the Def; Mutuality of obligation; Personal service and control. Dacas V Brook Street Bureau [2004] Mrs Dacas was no longer need as a cleaner in the hostel (own by council) and she sue the council and the agency for a claim in unfair dismissal. Held: She was not employed by either business. She was employed by the agency as the agent paid her wage. So they can exercises disciplinary action and terminate her employment. And this ‘control’ creates the employment relationship. COA…

Templeton and Danny Natoli. Conflicting evidence of is unfair dismissal. Form the above, Amy Templeton and Danny Natoli is normal not resign and when they joinder application was opposed by respondent. About this case, Amy Templeton and Danny Natoli application was success and the judge having decided to hear the application together and will use the time and resource to deal at the same time. In the future we need fair right the unfair dismissal. For the employee an important aspect is to…

of retrenchment, unless the employee agrees to accept it. Otherwise, a demotion or employment conditions that are substantially less favourable to the employee will amount to a breach of the employment contract, and therefore be either an unfair dismissal or a genuine redundancy (the latter meaning that redundancy entitlements will be payable). Termination of…

The Current state of wrongful dismissal in Employment Law and why we believe it needs to be changed. The current state of wrongful dismissal is that damages are awarded based on what notice of lieu an employer/employee receives (Richard A. Yates, 2011). Weakness for employee: • Not compensated for pain and suffering, only awarded difference of notice they should have received and benefits/pension they would have received (Richard A. Yates, 2011). • Fiduciary duty obligation causes a…

18-3 The dress code used in this scenario was discriminatory. The reason that made it biased was that there were two dress codes for men and women. A dress code that is not discriminatory is one that is same for members of both genders. On the other hand, the motive for the dress code was to distinguish men from women. That act of distinguishing men from women was discriminatory in nature, and it went against the dress code ethics. The motive for distinguishing men from women is not said. Both…

displays of affection. It’s a big change from the controlling environment of middle school. Throughout my life I’ve endured many school changes and it all got better when I graduated middle school and started high school; my freedom increased, class dismissal became more lenient, and you have a choice of classes. On my first day in high school I was amazed at the freedom we had. When you arrive at Charleston Middle School you are not allowed to go to your locker, you have no choice but to go…

Instead of guessing throughout the process, the entire investigation, media release, and dismissal procedures could have been nearly surgical in nature. Potential Ways to Address the Issue* • Develop several strands of procedures for employment issues (incompetence vs. insubordination vs. immoral conduct vs. negligence, gross misconduct, etc.) that include both investigation protocols and disciplinary v. dismissal procedures. • Align procedures to state and federal standards and laws, as well…

An important part of the dismissal is that it still passes procedural and substantive fairness. The employer must first notify, discuss and negotiate with the employees or their representatives, such as trade unions, when considering retrenchments. Notifications in writing should include: the reasons for the layoffs, how many workers will be influenced, the process of selecting affected jobs, the date of the dismissals, alternatives investigated, severance pay offers allocated…

is the final one prior to dismissal. The warning includes that if the misconduct still continues then this will result in dismissal. It should be well drafted and carefully examined by the employee and probably the legal advisor. Stage 5- dismissal The employee and his representative should be called in for a meeting. The employee should again state the misconduct and the disciplinary procedure that have been followed. The employee is given a letter confirming the dismissal. The letter also…

legislation and other legal measures. The responsiveness of the legal system is evident through the legislative framework which seeks to achieve a just outcome for claims of unfair dismissal, and the entitlements and benefits of both retired and retrenched employees. The legislative framework governing workplace dismissal created by the Howard Government was only partially effective as it was unable to achieve a just and…