Labor Law Guide to Employment Rights

Labor Law
Introduction
Employment law or labour law as it is historically concerns regulations in the workplace. That is, it
creates rights and responsibilities in the employment relationship, between employers and
employees. It is often suggested that it relates to a cycle, an ever–revolving motion involving three
tasks – creating, maintaining and terminating employment. "Creating employment involves
recruitment and selection of employees, maintaining employment involves contractual terms and
conditions or statutory rights and terminating employment includes dismissals and potential
litigation" (Hardy and Upex, 2006, p.1).
Therefore, "employment law forms the large body of laws, administrative rulings and precedents
which comprises all areas of ... Show more content on Helpwriting.net ...
Consequently, as a result of this circumstances Alan behaved strangely that gained negative attention
from his co–workers. At the end due to Alan's conduct, Mr. Philip acting on a bad mood dismissed
him with no valid reason.
From English law, "employment law will fall under the remit of civil law which is concerned with
resolving a dispute between two parties. Most employment disputes will be resolved in the
employment tribunal. In resolving the dispute compensation or damages can be awarded to the
wronged party or in some cases an injunction can be made" (Daniels, 2004, p. 4).
Creating employment
Each employee has an employment contract with his employer, which may either be oral or in
writing. A contract of employment or a contract of service is like any other contract in the sense that
it is subject to the general principles of law. In theory this means that the parties are free to negotiate
the terms and conditions that suit them so long as they remain within the constraints imposed by
statute and the common law. However, "in practice a significant proportion of the workforce does
not negotiate on individual basis. An important proportion are engaged on such terms and conditions
as are laid down in currently operative collective agreements, although these agreements are, in
practice confined to the minority of employers" (Lewis and
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The Pros And Cons Of Abolishment
Introduction
In recent years, the death penalty is still existing in everywhere although there is less number of
convicted offenders than the old time. Some people think that death penalty is the way to constrain
people to do not offend or violate the legislation while some have an argument that this punishment
should be abolished. In this essay, I will compare two articles. "Why Japanese support the death
penalty? " by Shanhe Jiang, Rebecca Pilot, and Toyoji Saito (2010)(article 1) and " Does it matter if
the Death Penalty is Arbitrarily Administered ? " by Stephen Nathanson (2009)(article2). These two
articles are very different. The former article is based on quantitative research and explains why
Japanese people take sides with the death penalty. However, the latter article is based on qualitative
research and describes capital punishment should be abolished. I propose to summarize the main
ideas of two articles, compare both in many aspects, and conclude in my own opinion.
Summary
1. The purpose of the research
The first article, the main purpose of the authors is apparently on the topic of their article which is to
investigate the reason why Japanese participants support or oppose the death penalty. The second
article, the writer also shows the practice of the capital punishment. However, this article is related
to the abolishment. The aim of this article is to investigate the debates about the death penalty that is
eliminated due to the

Wrongful Termination Essay
Wrongful Termination Kenneth L. Mowery BUS670: Legal Environment Prof. Alexis Hooley
August 20, 2012 Wrongful Termination "Over the past 20 to 25 years courts have been carving out
common law exceptions to employment at will" (Mallor, Barnes, Bowers, & Langvardt, 2010,
p. 1338). One of those exceptions is that of wrongful termination or unjust dismissal. In the past
three years there have been five wrongful termination suits brought against Haywood Regional
Medical Center. Three cases ended positively for the plaintiffs, while the other two showed that the
Medical Center had the stronger case and that the Medical Center had just cause to terminate the
employee. . "The remedies in successful wrongful discharge suits ... Show more content on
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Dr. Shaikh's attorney argued "that in the interest of fairness, Shaikh should have been given notice
of his termination and a meeting to defend himself; instead of six months notice, the hospital was
ordered to pay Shaikh six months' salary" (Barry, 2005). This may not fall under public policy;
however, it does fall under morality. It was morally wrong for the hospital to dismiss the services of
the doctor with no reason being given. It was also morally wrong for the hospital to dismiss the
doctor without giving him the right to defend himself. Implied Contract Exception "The implied
contract exception to the at–will rule asserts that employers' statements or actions regarding job
security or termination procedures may constitute legally enforceable obligations if they are
communicated to applicants/employees and if they are sufficiently specific to permit the courts to
discern their intentions" (Hames, 1991, p. 125). An example given by Hames is that of Leikvold v.
Valley View Community Hospital (1984). Leikvold was the director of nursing and asked to be
reassigned to an available operating room supervisor position. Her job performance was exceptional
if not satisfactory; however the CEO of the hospital fired her on the grounds that it was
inappropriate to seek demotions (Hames, 1991, p. 125). Patient

Unjust Discrimination In The Workplace
*"For decades, it was generally understood that employees governed by the Canada Labour Code
("CLC") (the governing statute for federally regulated employment), which includes employees in
the banking, air and marine transportation, and telecommunications industries, among others, could
only be terminated for just cause. If there was no just cause, such employees could seek broad
remedies, including reinstatement, under the "unjust dismissal" provisions of the CLC. (Niewland–
Smith, 2013). * "In the ground–breaking decision, Wilson v. Atomic Energy of Canada Limited,
2015 FCA 17 ("Wilson"), the Federal Court of Appeal ("FCA") held last week that federally
regulated employers may dismiss employees without cause. * So what does this mean for ... Show
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Our Government plays an important role to protect our rights. We must find better ways to protect
our jobs, and make companies more accountable, but, not at the expense of the taxpayers of Canada.
Canada has lost too many jobs in the last twenty years and Free Trade is having an effect on our
jobs. The government of Canada needs to remember good paying are hard to find in today's times.
Our Canadian economy has already lost of over 500,000.00 jobs in the manufacturing sector alone
in the past ten years (CAW). The government should introduce a bill of rights that would include
special provisions. If a company closes and has been established for more than 5 years or more, they
must provide employees with larger severance amounts and packages which include benefits, and
each employee has a retirement fund. Provide education for retraining for University or College, and
be paid fully by the company. If a company uses the Free Trade loopholes, for re–establishing new
business and build plants in Mexico to intentionally affect employee's loss of employment. The
government should protect the economy of Canada and the people of Canada, and act quickly. By
seizing properties and other assets available. People in Canada must find ways to strengthen our
country so everyone can live good stable life.

Law Regarding Health Safety And Safety
Law regarding to Health & Safety in the work place can be found in the Act 1974. The Act is the
primary legalisation governing health & safety. Employees and employers have responsibility for
each other at work. These rights and responsibilities relates to Health & Safety legislation. This
legalisation allows government to issues rules and regulation for employer. This will set out the
responsibilities for employer in every aspects of workplace health and safety. In this Act, employers
are expected to stand by a range of requirements such as, providing safety of machinery and
equipment, carrying out regular health & safety checks. In the Act of 1999, management of health
and safety put the main requirement for employers. The main ... Show more content on
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Both have rights and responsibilities to work in a safe environment. (Business Case Studies, 2015).
Employment contract and its relevant legalisation The relation between employer and employee is
based on the contract. This agreement sets out their employments rights, responsibilities and duties.
These are called the 'terms' of the contact. The legal part of the contract are known as 'terms'. Within
the employment contract terms come from different sources: Implied terms Expressed terms Written
document Implied term– is not clearly agreed between employer and employee about a particular
issue and it may covered by an implied term. For example, employees not stealing from their
employer and employer providing a safe and secure working environment. This is automatically
making a point of a contract even it is not in a written statement. Expressed term– is specially
mentioned and agreed by both employer and employee. This can be a written statement or oral
statement. For example, hours of work, and sick pay. That written statement of employment has to
give to employee within 2 months. It will have Brief outline of the contract and most important key
facts. Common law– is made by judges Common law implies in certain terms into contract of
employment. It imposes duties of employee and the employer. Common Law requires employees to
do such things: 1. Do job in reasonable care and skills. 2. Obey all

Essay on maange people performance
Task Name PERFORMANCE MANAGE PROJECT BSBMGT502B Task Number 1 Student
Name: TA Sidharth Description : House friend's is a Homewares retailer.it has specialising in
bathroom fittings, bedroom fittings and decorative items.it has a chain of eight stores. All stores are
situated around the greater area of each state's capital city. These stores are open from 8.30 am to
5.30 pm on Monday to Friday and 9.00am to 3.00pm on Saturdays. Different types of payment
options are available like Cash, Credit cards, Cheques and gift cards. Trade customers will get an
invoice end of the every month. House friends store has exchange option with proof of purchase but
not refund. As of now the store has three cashiers, three floor sales ... Show more content on
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Reduction in waste Reduction of using of electricity and water in store sale . Customer service team
Customer product knowledge Manager's comments : Tony employed as a supervisor has been
assigned to co ordinate and supervise performance of three task . as describe above . Signature Date
: Xx /Xx/2014 Name/Position:Marie Manager : Review period Skills to be developed How skills are
to be developed Priority (H,M,L) By when? Skills Gained(Y/N) Manager's comments Signature
Date Staff member's comments Every thing will be up to date as per requid Signature Date:
Coaching Session – Observer's evaluation sheet Coach's Name Phone No. Listener's Name Phone
No. Assessment Site Coaching Date/s Time/s Employee's Name Phone No. Standard of performance
Satisfactory Yes No Did the coach utilise the GROW model for coaching his or her employee? Did

Wrongful Dismissal And Unfair Dismissal
Introduction
The statutory claim for unfair dismissal recognises that the common law cannot give adequate
protection to the employees through the contract of employment, in that wrongful dismissal claim
depends upon a breach of contract of the employment, usually in the form of inadequate notice
being given by the employer. Many dismissals can be considered unfair that do not amount to the
breach of the contract, for the wrongful dismissal claims look not to intention, motive, or the effect
on an employee of a termination of the relationship nor to the procedural protections, but merely to
the form of in which that relationship has been brought to the end. This paper will compare and
contrast the different area between wrongful dismissal and unfair dismissal.
Wrongful dismissal
Wrongful dismissal is the term used at common law to denote the situation in which an employee is
dismissed by an employer in breach of contract. It occurs most commonly in summery dismissal,
namely, without any notice whatsoever. This is justifiable in the case of Laws v London Chronicle
(indicator Newspapers) Ltd (1959), stating that "...Whether the conduct complained of is such as to
show the servant to have disregarded the essential conditions of the contract of service..."
What if the employer dismissed an employee without following some procedures proscribed by the
contract? The case of Gunton v Richmond–upon–Thames London Borough Council (1980)
provided an answer on this matter, "if the contract

Section 20, Industrial Relations Act 1967 Protects Workmen...
[pic] HBH324N Managing Workplace Relations Sem 1, 2013 Individual Essay Question 8 Section
20, Industrial Relations Act 1967 protects workmen in Malaysia from unfair dismissal. To what
extent do you agree? Support your arguments with relevant recent cases. Wilson Ung Yu Siong
4225503 Lecturer & Tutor: Dr. Balakrishnan Muniapan Abstract This paper will be offering an
overview of rights of an employee while encountering unfair dismissal by the company within the
Context of Malaysian Industrial relations. Unfair dismissal cases are strongly supported by Section
20 of Industrial Act 1967 that protects the workmen in Malaysia. Throughout this report, there will
be a deep analysis on the Section 20 of ... Show more content on Helpwriting.net ...
(2) Upon receipt of the representations the Director General shall take such steps as he may consider
necessary or expedient so that an expeditious settlement thereof is arrived at; where the Director
General is satisfied that there is no likelihood of the representations being settled, he shall notify the
Minister accordingly. (3) Upon receiving the notification of the Director General under subsection
(2), the Minister may, if he thinks fit, refer the representations to the Court for an award. (4) Where
an award has been made under subsection (3), the award shall operate as a bar to any action for
damages by the workman in any court in respect of wrongful dismissal. (5) This section shall not
apply to the dismissal of a workman in circumstances arising out of a contravention of section 59
where proceedings have been commenced before a court in respect of an offence under section 59
(1); where, while proceedings are pending under this section, proceedings arising out of the same
dismissal are commenced before a court in respect of an offence under section 59 (1), the
proceedings under this section shall not be proceeded with further. (6) In any proceedings under
subsection (2) – (a) an employer may represent himself or be represented by his duly authorized
employee or, where he. is a

Employee Dismissal Scenario: Hudson's Building Services...
Scenario: Hudson's Building Services has a staff of 200 with a range of skilled and unskilled
employees. Listed below is a memo discussing the disciplinary situation regarding allegations of
theft on a client's premise by an employee. Analysis: When dealing with employees, there is always
the possibility of dishonesty. Wages may be exaggerated, time clocks altered, sick or leave days
abused, or there may be theft involved. However, allegations of theft are not at all the same as being
able to legally dismiss or prosecute for theft in the workplace. In our scenario, there are several
statements that need to be collected before proceeding with any action: 1) The person or persons
making the allegation, 2) the employee, 3) the employee's supervisor, and 4) any witnesses or
individuals privy to information or knowledge about the events. It is important not to assume that
either party is correct, but to ascertain whether there was in fact, a theft, and if there is evidence
corroborating the employee's involvement (witnesses seeing the theft, attempts to sell, etc.). Prior to
any dismissal or corrective action, the evidence must be strong enough to support a claim and then a
decision of whether to involve law enforcement made. For the business, however, it is important to
note the following: There must be a written policy regarding stealing and what disciplinary action
might occur. This must also define stealing (some employees might view tools, etc. as being
borrowed).

Unfair Dismissal For Wrongful Dismissal
Introduction Unfair dismissal refers to the termination of an employees' contract of employment in
contravention to the labour laws. Unfair dismissal in the United Kingdom relates to dismissal of an
employee on a basis that is protected against by the Equality Act that seeks to end discrimination at
the place of work. Such basis includes falling pregnant, dismissal on employees sexual orientation,
dismissal because employee has sought to enforce his rights under the minimum wage and in
instances where the employer has failed to carry out proper investigations before reaching the
decision to terminate the employment contract. This may also extend to cases where the employer's
decision is deemed unreasonable and irrational. Unfair dismissal should be distinguished from
wrongful dismissal, which is the dismissal of an employee in a manner that contravenes the contract
of employment between the employer and employee. Therefore, in this instance, the employer has
simply failed to follow the agreement outlined in the contract while dismissing an employee. When
suing for wrongful dismissal, the employee will be alleging that the employer is in breach of
contract. There are many aspects to investigate in order to find out if unfair dismissal law holds the
balance between employers and employees. This essay will not aim to discuss all the relevant
aspects but will only focus on a few key areas, namely the eligibility to claim, procedural fairness,
definition of 'some

Wrongful Termination Case Study
San Francisco has another wrongful termination suit in the news. A worker from Madera named
Jason Pimentel claims that he was the victim of wrongful termination. Pimentel filed his complaint
on June 13th against Velex, Inc., Nexius Solutions, Inc. Included in the complaint are a number of
alleged violations. The complaint was filed in the U.S. District Court for the Northern District of
California. Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any
situation in which a worker's employment is ended by the employer (terminated) in breach of
contractual terms of employment, or due to any of the following: discrimination, retaliation, an
employee's refusal to be involved in illegal activity, or an employer's ... Show more content on
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Overtime is to compensated as follows: one and one–half times the regular rate of pay for any hours
worked over 8 in one day (up to and included 12 hours) or 40 in one week. 8 hours per day
constitutes one full work day. 40 hours in one week constitutes one full work week. When an
employee works more than 12 hours in one day, they should be compensated at double their regular
rate of pay for any hours in excess of 12 in one day or for all hours worked over 8 hours during the
seventh consecutive work day in a workweek. Pimentel (plaintiff) has requested a jury trial and is
seeking unpaid wages, damages, penalties and interest. He is also seeking payment of all statutory
obligations, prejudgment interest, punitive damages, restitution and disgorgement, legal fees and
other relief as deemed appropriate in the situation by the court. If you have questions regarding the
correct calculation of overtime pay, please get in touch with one of the experienced southern
California employment law attorneys at Blumenthal, Nordrehaug &

Incompetence Is Considered An Effective Employee
"If an employee has been guilty of serious misconduct, habitual neglect of duty, incompetence or
conduct incompatible with his duties, or prejudicial to the employer's business, or if he has been
guilty of willful disobedience to the employer's orders in a matter of substance, the law recognizes
the employer's right summarily to dismiss the delinquent employee."
This definition of just cause, which was set in 1967 by the Ontario Court of Appeal, continues to be
referred to today. When just cause is proved, an employee can be dismissed without notice or
compensation. Just cause can be defined as, "employee conduct that amounts to a fundamental
breach of the employment contract." Just cause can be found through any one of the following ...
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The employer may even input a program to assist the employee in increasing their performance.
Unionized or tenured employees are a special case when it comes to being able to dismiss an
incompetent employee. For example, a professor, who has tenure, fits the special case of an
employee who has worked for numerous years in the position and is then seemingly guaranteed the
job for life. "College administrators frequently claim that faculty tenure prevents them from
adapting the curriculum more effectively to accommodate changes in the economy and to the
patterns of student demand." Which is why "some commentators, of course, welcome the collapse of
the tenure system, saying tenure provides job security for indolent and incompetent professors."4
Situations as above, makes people question why professors with tenure are able to get away with
being incompetent, but other employees need to be careful and avoid it.
The current precedent case in Canada acting as the authority in situations of dismissal on grounds of
incompetence can be found in the Manitoba Court of Queen's Bench ruling of Boulet v. Federated
Co–operatives Limited; the decision delivered June 25th, 2001. This case became known for
establishing the set of criteria in which

Client Accused Of Dishonesty And Coming At Work Drunk With...
TO: Lawyer FROM: Laura Kiff DATE: November 16, 2016 FILE NO: 12345–6 RE: Client accused
of dishonesty and coming to work drunk with little evidence
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬ FACTS Our Client (Bilbo Baggins) worked
for Orc Industries Corporation in Shire, Saskatchewan from December 25, 2006 to May 2007.
During that time, our Client was hired to assist with the construction of a foundry where metal
helmets would be made near Middle Earth, Ontario. Our Client left Shire on the assurance that Orc
Industries Corporation was a viable business. By April 2007, our Client had lined up a general
contractor and subcontractors, as well as design specialists, to build the new foundry. He had
negotiated a collective agreement with a union that would supply the construction workers. He also
negotiated another collective agreement with a union for the prospective employees who would
work at the foundry. In May 2007, our Client was fired from Orc Industries Corporation on the
accusations of dishonesty and coming to work drunk. There was no evidence of our Client coming
to work drunk except for one empty bottle of Shire Whiskey found buried in a cabinet in his office.
Our Client wishes to sue the Corporation for wrongful dismissal. ISSUE Will our Client be
successful in suing for wrongful dismissal from the Corporation? DISCUSSION Protection from
Wrongful Dismissal The first matter to address is who is entitled to protection from wrongful
dismissal under Canadian

The For The Assets Of Stock Material And Leasehold Essay
The inclusion of the assets of stock material and leasehold have to be added Clause 1, that describes
Assets, or could be added to an attached Schedule that describes all the assets that are to be
transferred to the Buyer.
Clause 2.1 has to be amended to include further sub–clauses that reflect the addition of all the
Assets. Clause 3 has to be also amended to mention the addition of each Asset and the apportioned
amount of that Asset.
Stock of Raw Materials Salmon would want to limit the amount of stock of raw material it is
obliged to purchase. This is to ensure that Heating does not reduce stock to a level that would make
it hard for Salmon to meet order. It is also important for the parties to agree a valuation method for
the stocks that will be transferred.
Salmon will want to seek warranties from Heating in regard to satisfactory quality, and that the
stock items are not obsolete or unmarketable. Salmon would also want to protect itself from any
omissions in the assets that would be needed to carry on their business and thus should choose to
include a clause stating that all equipment used in the business are to be transferred. The amendment
should allow Salmon to bring claims against Heating for any disputes arising from the stock's
valuation.
The implications of the amendments, allow for additional Assets to be transferred to Salmon.
Salmon would have to pay a greater amount of consideration. Due to the warranties being sought, a
breach of warranties,

Human Resource Management : An Organization
Introduction Many different factors lead to the success of an organisation such as the Hilton hotels
the combination of high quality services, technology and employees and their attributes that is
requires for this business to thrive. Human resource management refers to "the policies, practices
and systems that influence employees ' behaviour, attitudes and performance" (De Cieri et al.
2003:4). The main point in this report will be how the HR management team help maintain the
businesses success in departments such as recruitment, training and development. De Cieri et al.
defines competitiveness as an organisation 's ability to maintain and gain market share in its
industry. The quality of a company's HR department if directly involved ... Show more content on
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Recruitment refers to any practice or activity carried out by the Organisation with the primary
purpose of identifying and attracting potential employees. They can be sourced from internal or
external sources, direct applicants and referrals, Advertisements, public or private employment
agencies~ electronic recruiting, or Universities (De Cieri et al. 2003). It is important to implement
an effective recruitment strategy to attract highly– skilled candidates. According to Boxall and
Purcell (2003), recruiting candidates with inappropriate skills may prevent or stall organisational
growth. Recruitment strategy differs from selection practices in the way that selection practices
involve looking at a candidate 's strengths and weaknesses, whilst recruitment strategy attempts to
attract highly–skilled candidates by promoting the organisation as a great place to work. It seems
that Henry Davis York takes this strategy into consideration and makes an effort to be known in
university campuses. The rationale of their ' growing its own ' strategy is to recruit young
professionals who will grow with the company and understand its directions, rather than to recruit
experienced executives from other hotels. Given that this strategy has won Henry Davis York an
award in the category of Best

8th Amendment Process
Historically, executions have been around for a long time. The first established death penalty laws
date as far back as the Eighteenth Century B.C. but didn't make an appearance in the United States
until 1608 (Part 1, n.d.). Death penalty is seen as a form of accountability for someone's action.
Most easily understood when you take a life, you lose your life––an eye for an eye. Nonetheless,
over time people have started humanizing the situation and creating controversy. The Fifth, Eighth,
and Fourteenth Amendments were interpreted as permitting the death penalty, until the early 1960s,
when it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore
arguing it as unconstitutional under the Eighth Amendment (Part ... Show more content on
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Today there are so many outlets readily available at hand for information wit television, movies,
news, and social media. It is very hard not to see updates all day long and gain some form of
understanding. There are multiple news outlets that report the facts in some way, television shows
that discuss topics or enact them, and movies that display information too. The death penalty has
been discussed with articles and interviews by major news outlets such as CNN, ABC, NBC, and the
Posts. TV shows have been produced as well with On Death Row, Death Row Stories, and Rectify.
Movies such as The Thin Blue Line, Live from Death Row, Paths of Glory. In some way each media
form present information to a viewer to help shape their opinion on the

Aims And Objectives Of Employment Regulation
Activity 1
1.1 Explain the aims and objectives of employment regulation.
The aim of employment law regulation is to provide legal protection to employees and employers
the relationship between businesses.
Objectives of Employment Law:
Social justice is the distribution of difference in society and is based on equality and its opportunity.
Within the workplace, social justice also refers to access to rights and fairness.
Employee protection employment rights are designed to balance the expectations of the job with the
fair treatment of the employee doing it. Employee rights at work come from both as statutory rights
and his/her employment contract.
European law
As part of the European Union, the UK is a subject to European law, with European law having
authority and take the place of any domestic law. This means that domestic law should be done in
the same way with European law.
Most EU law is also introduced into UK law via statutes. European Union directive can be
interpreted into domestic law as it is less specific and most European Union influence on UK
employment law has been through directives.
The sources of employment law are:
Legislation
European law
Codes of practice & regulations.
The main source of employment law is statutes:
Acts of Parliament = Equality Act 2010
Equal Opportunities legislation sets out that all employees should receive the same pay and
conditions for carrying out the same or approximately similar work.

EU Law =

The Obligations That Employers Have Under Current Legislation
Both these voluntary clauses identify in brief form the obligations that employers have under current
legislation. They can often be helpful, particularly when used in conjunction with a clause outlining
the obligations of employees, in establishing the commitment of both parties to a successful
relationship. Wages: When you hire your first employees, you have some responsibilities to that
employee, and to all future employees, relating to compensation. These responsibilities are codified
under federal laws: You must pay at least the minimum wage (unless the employee receives tips or is
somehow not subject to minimum wage. the wages of the department assistant is $14.75 per hour.
They review it and increase it every year. The managers has yearly package. Holidays: New world is
open on public holidays except Christmas Eve. Leave: after 3 months of trial period the annual leave
hours start adding for someone who works at New world away according to their contract they
signed. Hours of work and shifts: the standard full time contract has 45 hours contract with 9 hours
5 days and 2 day offs. As Countdown is always busy they need staff for over time and they give 1
and half pay if they work over 45 hours. The part timers usually have 2 shifts of 10 hours a day.
New world takes health and safety very serious as the work at New world involves heavy lifting and
cutting so with the contract every employee fill out the ACC form too. So in case of any injury the
employees can take

Unfair Dismissal
t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal.
The latter is a civil law remedy essentially based upon breach of the contract of employment. From
the point of view of the employee, there are significant deficiencies in this civil law relief as a
remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon
giving the appropriate period of notice as stipulated by the contract, damages will often be limited to
the loss of earnings during that period. The civil law does not provide for a remedy by way of
reinstatement. There is no remedy based upon breach of contract for failure to follow appropriate
grievance and disciplinary procedures prior to dismissal. ... Show more content on Helpwriting.net
...
However, the employee lost on further appeal when Lord Denning held that for there to be a
constructive dismissal, the employer's actions had to amount to a significant breach of the contract
of employment. This therefore applied a contractual analysis more akin to the civil law wrongful
dismissal approach. However, as will be seen below, cases of constructive dismissal are now
regulated by the statutory disciplinary and grievance procedures introduced by the Employment Act
2002 (EA 2002). It will be argued that these new requirements have the effect of tipping the scales
too far in favour of the employer in many cases. Fairness Section 98(4) of ERA 1996 defines this
concept: the question whether the dismissal is fair or unfair (having regard to the reason shown by
the employer) – (a) depends on whether in the circumstances (including the size and administrative
resources of the employer's undertaking) the employer acted reasonably or unreasonably in treating
it as a sufficient reason for dismissing the employee, and (b) shall be determined in accordance with
equity and the substantial merits of the case. It should be noted, however, that s.34 EA 2002 inserted
a new s.98A into ERA 1996 which provides that breach by the employer of a statutory procedure on
dismissal, which sets down the minimum procedural requirements, means that the dismissal is in
any event automatically unfair. (The

Employment Law Assignment
UNIVERSITY OF SALFORD, SALFORD BUSINESS SCHOOL, HRM& DEVElopment |
EMPLOYMENT LAW ASSIGNMENT | EMPLOYMENT TRIBUNAL JUDGEMENT REPORT | |
ELEONU, EKEOMA CHIEMEJOLAM, @00345028 | 2/22/2013 |
A tribunal Judgement report on constructive and unfair dismissal, detriment as a result of whistle
blowing/ protective disclosure, injury to feelings etc. |
EMPLOYMENT LAW MODULE,
LECTURER: JONATHAN LORD.
TABLE OF CONTENT
Cover page 0
Table of content 1
INTRODUCTION
Jurisdiction of the case within the S(3) of the Employment Right Act 1996. 2
Summary/Background of the case 3
JUDGMENT OF THE CASE
REASONS 5
The claim and issues. 5
Constructive and unfair dismissal 5 ... Show more content on Helpwriting.net ...
PW treated the Claimant unreasonably and improperly, the Claimant also believes that PW
circulated communications throughout the academic community damaging his reputation, and
preventing a satisfactory resolution.
The Claimant constantly informed senior management in the respondent organisation of the steps
being taken by the Professors to undermine his role to a considerable degree. Since the matter could
not be resolved amicably the claimant pursued the formal grievance procedure. The Claimant wrote
a grievance letter to the Dean of his School, on the 21/01/08. On the 22/01/08 PD wrote to JD
informing him of the Claimant's formal complaint against PW and the others.
On the 22/01/ 08 JD wrote the Claimant informing him that he had received his formal complaint
and as the Head of School he would take on the task of manager on the grievance.
JD commenced investigating the grievance process on the 24/01/08 by meeting and interviewing all
involved in the case.
On 6/03.08 JD sent the Claimant a mail informing the Claimant of his decision not to uphold his
grievance, giving his reasons as well. The Claimant was concerned because some of his grievance
was not answered. This led the Claimant to pursue the next stage of internal grievance process. On

the 6/03/08 the Claimant lodged an Appeal.
On 10/03/08 PW and MM wrote an apology letter to the Claimant who claimed he did not get the
signed copy of the letter.
On the 18/04/08 the Grievance Appeal

What Is The Reasons For Human Resource Planning
2.1 Explain the reasons for HR planning in the organization. What is Human Resource Planning?
Human Resource planning is a systematic analysis of HR needs in order to ensure that correct
number of employees with the necessary skills are available when they are required. These are the
reason for HRP in an organization. First and foremost, recruitment and selection can assume a vital
role in deciding an organization's viability and execution, if organizations are able to obtain
employees who already possess appropriate knowledge, skills and talents and are additionally ready
to make a right figure about their future capacities. "The recruitment and selection of employees is
basic to the performance of an organization, and there are convincing reasons for getting it right.
Inappropriate selection decisions decrease organizational effectiveness, cancels reward and
development strategies, are often unfair on the individual recruit and can be difficult for managers
who have to deal with unsuitable employees". (Anon, 2016) ... Show more content on
Helpwriting.net ...
Thus, HR professionals work intimately with employing supervisors to impact great contracting
choices, according to the organization's workforce needs. They give direction to managers who
aren't familiar with HR or standard hiring processes to guarantee that the organization stretches out
offers to reasonable hopefuls. Last but not the least, we can see that HRP is very important to a
company when recruitment. No matter is when need to determine the interviewee or to assess he or
she have the ability to competent for the

Summary: Bilbo Baggins Against Orc Industries Corp.
MSC3040 Assignment#2
TO: Senior Lawyer
FROM: Young Lawyer
RE: Wrongful dismissal – Bilbo Baggins against Orc Industries Corp.
Relevant Players or Parties Plaintiff Bilbo Baggins was hired on December 25, 2006 to help the
development of a metal helmet foundry, which was the defendant Orc Industries Corp. In May 2007,
the foundry fired Bilbo Baggins and the given reason was due to his dishonesty and intoxication in
the workplace. However, there is no further evidence to support the claim except an empty bottle of
Shire Whiskey in his office. Bilbo Baggins is going to sue Orc Industries Corp. for the wrong
dismissal and compensations for loss. Other parties that can provide insight to this lawsuit would be
Bilbo Baggins' coworkers.
Relevant Legal Areas, Principles and Concepts ... Show more content on Helpwriting.net ...
Wrongful dismissal law suits arise when the employee feels as if he was not treated fairly and with
dignity and respect. (Heathfield, S. M., 2016) In this case, Plaintiff Bilbo Baggins indicates that
there is a "Just Cause" to terminate his contract immediately and let him go without notice.
Typically, a "Just Cause" is existent when an employee is fired for just cause where he or she has
been found to have been dishonest with the employer, such as theft of corporate property or in the
participation of a competitor business. (Just Cause Definition, n.d.) But the fact was that Plaintiff
Bilbo Baggins had successfully completed his duties and neither theft of corporate property nor
participate of any competitor business. Therefore, we can conclude that there is no more evidence to
proof that Bilbo Baggins classifies as "Just

Dismissal Of U. S. Attorney Case Study
Dismissal of U.S. Attorney
December 7,2006, George W. Bush Department of justice gave midterm unprecedented midterm
dismissal of seven U.S. Attorneys. Charges were that some attorneys were aimed for dismissal to
hurdle investigation of republican politicians. Even targeted for their failure to begin investigation
which results that Democratic politicians and hurdle Democratic leaning voters. The attorney was
changed with interim appointees, under the re–authorization of 2005 USA PATRIOT Act provision.
A report by the Department Inspector General justice in October 2007 – 2008 found that the process
in which the fired the first seven attorneys and two others dismissed at the same time was
"arbitrary", "fundamentally flawed", and "raised ... Show more content on Helpwriting.net ...
Many attorneys are later replaced by new political appointees view usually from the new President's
party.
Debatable Administration rationale
The main reasons for the dismissal of U.S. Attorney were unclear. Some people suggested that the
administration wanted to make room for U.S. Attorneys who would be more sympathetic to the
governments political agenda, and the administration needed to advance the careers of promising
conservatives. The administration and its experts said that the attorneys were dismissed for job–
performance concerns "related to policy, priorities and management", and that United States
Attorney serves at the zeal of the President. Nevertheless, at least six attorneys had currently got
positive manifesto of their performance from the Department of Justice. During September 2008,
the Justice Department Inspector General's investigation suggested that the dismissals were
politically and emotionally inspired.
Hiring Politicization at the Justice Department
During March 2007, A department of justice refused to answer the questions about a senate hearing
on the firing of 8 U.S. attorneys citing the fifth amendment right which is "Not to incriminate
himself". Although, the official said that the Monica Goodling will not testify cause of senator have
before decided that wrongdoing occurred. However, Goodling who is the senior counsel even liaison

Ethic Situation in the Workplace: The ACAS 2009 Code of...
It is recommended that before Elodie makes any claim to the ET, she first seeks internal remedies
such as ACAS . ACAS was first established under the ER(DR)A with the purpose of helping
claimants avoid going to the ET , through promoting the settlements of disputes in a confidential,
fast and cost–effective way. The ACAS 2009 Code of Practice 1 on DGP was designed to help
employers, employees and their representatives deal with disciplinary and grievance situations in the
workplace However should Elodie still decide to take her dispute to the ET she would need to be
identified as a employee. The ERA defines an employee as being someone who has entered into or
works under a contract of employment and it is reasonable to suggest ... Show more content on
Helpwriting.net ...
In order for an employee to make a claim for unfair dismissal they must have worked with the
employers for a continuous period of just 1 year. Elodie satisfies this requirement as she started her
employment on 1st February 2010. Prior to the introduction of the DCP, the ET would determine
whether a dismissal is fair by following the Employment Act 2002 however the EA repealed these
procedures. Although the code is not legally enforceable by TULR(C)(A) 1992 the tribunals are
required to take the provisions into account when dealing with disciplinary issues. It provides a
guideline which employers must follow in order for the dismissal to be just and fair. The code firstly
states that necessary investigations must be held with the employee in order to establish the facts of
the dispute, and should during the meeting an individual be suspended, full pay is necessary. When
JJ had decided to take Elodie through a disciplinary case her employers must have notified her of
this in writing beforehand. This written notification must include relevant information such as
adequate evidence or witness statements supporting the alleged gross misconduct. It also confirm
the arranged date, time and location for the disciplinary meeting and should also state that the
employee is entitled to be accompanied at the meeting . The employee is then given 5 days to alter
the date and time given for the meeting should her chosen companion not able

Lord of the Rings by J.R.R. Tolkien
In this case, the relevant parties are Bilbo Baggins acting as plaintiff, and Orc Industries Corporation
acting as defendant. This case originates from the dismissal of Baggins as an employee of Orc
Industries in May 2007 under the grounds of dishonesty and for coming to work under the influence
of alcohol. Orc Industries hired Baggins in December 2006 to assist in the construction of a foundry.
After organizing agreements with unions and contractors, Baggins was accused by Orc Industries
for arriving at work drunk, citing an empty whiskey bottle found in his desk as evidence. The main
issue in this case is Orc Industries terminated Baggin's employment without just cause. It is stated in
the law that, "If an employer alleges they had cause for the dismissal, the burden is on them to prove
that there was just cause" (Ministry of Labour). The definition of just cause is described as "the
conduct that amounts to a fundamental breach of the employment contract", which in this case there
was a lack of sufficient evidence to support that any breach of the contract had occurred (Canada
Legal). Orc Industries claims that the empty bottle of whiskey is sufficient proof, although this is not
conclusive evidence that Baggins was ever drunk at work and thus is not sufficient grounds for
terminating his employment (DuPlessis et al, 2013). Since Orc Industries did not fulfill their burden
of proof for just cause to dismiss Baggins, Baggins can successfully sue Orc Industries for wrongful

Employment Tribunals In Australia
In order to properly address the matter of an employee who is suspected of coming into work under
the influence of illegal drugs, we must ensure that we follow the businesses disciplinary processes
and if the process leads to it, we must ensure that, the reason for dismissal falls under one or more of
the 5 fair reasons under the Employments Rights Act (1996). These reasons can include: Conduct –
includes minor issues such as unauthorised absence to more serious (gross misconduct) issues such
as gross negligence or theft. Capability – unable to complete their role to the required standard this
can be due to skills or health. Before any dismissal can take place we must ensure that we conduct a
full and fair investigation whilst being conscious ... Show more content on Helpwriting.net ...
They state that "In a wrongful dismissal claim, the employee will not be entitled to pay in lieu of
notice or notice pay at all, as the employee has broken the contract and cannot therefore rely on it to
claim notice pay. With an unfair dismissal claim, the employer may still be liable to pay
compensation depending upon how they handled the dismissal" (CIPD, 2015) The law surrounding
unfair dismissal sets out that an employee must be treated fairly throughout the entire disciplinary
process. As has been set out above good practice in the case of misconduct stems from the business
adhering to the ACAS code of practice, undertaking a full investigation as well ensuring that the
decisions made a proportionate to the offence taking into consideration the employee's previous
record. In comparison dismissal for capability is deemed to fair if the business has made the
employee aware of the organisations policies and practice and adhered to the ACAS code of
practice. We must also ensure that there are clear objectives in place to give "reasonable opportunity
to improved and only, then dismissed following a further formal meeting with a right to appeal"
(Armstrong & Taylor,

Hr and Termination Essay
GRADE: 76% Nice discussion of how the company might work with the employee through
progressive discipline, and of how just cause dismissal could be implemented at the end of this
process. Constructive dismissal is not recommended due to the risks associated with it. Barnetson
indicates (in the study guide) that employers can lawfully terminate employment in three ways: just
cause, non–culpable dismissal, and mutual consent, therefore, it would have been better to discuss
non–culpable dismissal or mutual consent as your second option. See additional comments within
(in red font). NOTE: comments will not be visible from your e–mail file viewer; you will need to
download and open the file using a word processing program – e.g. MS word. ... Show more content
on Helpwriting.net ...
severance pay), then why not opt for non–culpable dismissal, rather than go through the process of
termination for just cause? employees receives compensation in lieu of notice same idea here fair
dismissal can enhance the company's image– use of progressive discipline, resulting in just cause
termination can be fair. The second recommendation (of legitimate termination Constructive
dismissal is not recommended due to the risks associated with it. Barnetson indicates (in his
discussion of

Employee Violations In Employment Law
The Employment law regulates the relationship between the employer and employee so they can
engage in fair and ethical employment practices. It is especially important for employers to know
and refer to employment law in the context of employment. This is because the courts are more
likely to protect employees from unfair treatments as they generally believe employees are in
weaker bargaining position than their employer. I. What employment violations has the employer
committed, if any? According to the case, Sally found out her employer unilaterally changed her job
without providing reasonable notice of the change. In Canada, employers generally have the right to
make changes to the terms of employment if it is reasonably necessary and employees have the right
to be notified and consulted before any changes were imposed. In other words, one party cannot
impose a change to the terms of contract without first notifying and securing the consent of the other
party (Yates, ... Show more content on Helpwriting.net ...
Can Sally sue for damages? If Sally can sue for damages, what might the court consider when
assessing damages? According to Yates (2013), when an employer demotes or makes unilateral
changes to the nature of employment, this constitutes a constructive dismissal. This proves that Sally
was constructively dismissed. Therefore, she can treat the contract as wrongfully terminated and sue
for wrongful dismissal. In considering Sally's case, the court would apply the same test they have
established in 2015 to determine a constructive dismissal for the case of Potter v. New Brunswick
Legal Aid Services Commission (2015 SCC 10 (CanLII)) : a) Extent of the unilateral change:
Whether the employer breached an express or implied term of the employment contract in a way
that substantially altered the essential terms of the contract; or b) Intention: The employer's conduct
would lead a reasonable person in the same situation to conclude that the employer no longer
intended to bound by employment

Dismissal Without Cause
Dismissal With or Without Cause
There are two main types of dismissal: dismissal with cause, and dismissal without cause.
Dismissal with cause requires some kind of serious misconduct on your part as the employee. If you
steal from your employer or violate legal company rules, your employer is well within their right to
fire you without notice, and they are not required to offer you a severance package. This type of
dismissal without notice is only legal if your employer can prove that your misconduct was so
serious that it was reasonable to let you go on the spot. Often, this means repeated attempts by your
employer to correct your behavior or a serious breach of your employment contract.
Dismissal without cause happens when your employer ... Show more content on Helpwriting.net ...
They can't let you go for discriminatory reasons (including your gender, ethnicity, pregnancy, or any
other factor outlined in the Human Rights Code) or for speaking up about your rights according to
the Employment Standards Act or the Occupational Health and Safety Act. If you believe you have
been illegally dismissed, you should consult a lawyer right away. You may have the right to be
reinstated in your position or have the ability to pursue remedies not available in other wrongful
dismissal cases.
Wrongful Dismissal
If you believe your dismissal was handled incorrectly, a wrongful dismissal action is the only
leverage you have to negotiate a fair severance package that compensates you for the working notice
you should have received.
One very important thing to note is that you have a duty to mitigate the damages caused by the
termination of your employment. In other words, you have an obligation to try to find other work in
your field after losing your job. It's important to document your job search so you can prove that
you've taken reasonable steps to find comparable employment while awaiting the result of your
wrongful dismissal action. The purpose of fair notice is to give you enough time to find another job,
so if you do find work before your fair notice time is up, any earnings you receive will be deducted
from your final

Unfair Dismissal Of The United Kingdom
In acquiescent to the definition that George has given to dismissal. I would like to integrate on the
following. Unfair dismissal in the United Kingdom is a component of UK labour law that insists on
fair and just and plausible treatment by employers in cases where an employee's job could be
terminated. The Employment Rights Act 1996 regulates this by highlighting that employees are
entitled to a fair reason afore being dismissed predicated on their capability to do the job, their
conduct, whether their position is economically redundant, on grounds of a statute, or some other
substantial reason. It is therefore automatically inequitable for an employer to dismiss an employee
regardless of length of service, for a reason cognate to ... Show more content on Helpwriting.net ...
The test is defined in section 98(4) of the Employment Rights Act 1996 as Charlotte and George
have already highlighted.
Above all the employer is expected to act reasonably in dismissing the employee. This principle
derived originally from the case British Home Stores v Burchell [1980] ICR 303 which concluded
that an employer should base a decision to dismiss on a genuine belief, based on reasonable grounds
and following a reasonable investigation that there where grounds to justify dismissal. This is what
is known as the range of reasonable response test. (Chris Turner, Unlocking Employment law, 1st
edn, Routledge, 2013) 571).This test has been subject to criticism and the reasons are highlighted
below.
To begin with Tor Brodtkorb highlighting that, one of the end of unfair dismissal law at the time of
its enactment was to ascent the criterion followed by employers in dismissing to offer employees
greater security measures in their employment (The Report of the Royal Commission on Trade
unions and Employer's Associations, 1968). Because of the RORR test, the law on unfair dismissal
has done very little to growth job security for employees and to protect them from the whims of
management. The exam requires the tribunal to imagine a range of reasonable employer answer to
wrongful

1.1 Explain The Aims And Objectives Of Employment Regulation
Activity 1 1.1 Explain the aims and objectives of employment regulation. The aim of employment
regulation is to provide legal protection to employees and employers the relationship among
businesses. Objectives of Employment Law: Social justice is distribution of difference in society
based on equality and opportunity. Within the workplace, social justice also refers to access to rights
and fairness. Employee protection employment rights are designed to balance the anticipations of
the job with fair treatment of the employee performing it. Employee rights at work come from:
Statutory rights Employment contract. European law: As part of the European Union, the UK is a
subject to European law; this law can take the place of any ... Show more content on Helpwriting.net
...
Harassment. Breach of legal right/contract. Less formal system to hear cases – application and
hearing fee. Can also hear wrongful dismissal as a breach of contract cases (up to £25k). 24 months
service for unfair dismissal, no service for discrimination 3 months to make the claim (6 months
equal pay). Employment judge – can sit alone (or supported by two lay members). Systems of
appeals – final appeal European Court of Justice (ECJ)/Human Rights (ECHR) Pic. 1 1.3 Explain
how cases are settled before and during formal legal procedures. Settlement of Cases:
Employers/employees may resolve amongst themselves through: Policies. Procedures and
processes. Dispute resolution method Purpose Advantage Disadvantages Mediation Mediation
informal process where neutral third party assists conflicting parties. Mediator are presenting during
process, thru the agreement between the parties. Legally binding in most judicial systems. The
mediator, hired is an outside party helps to reduce conflict and stress. Mediation can be a problem if
one or both parties are with holding information. In case of mediation is unsuccessful, the parties
may have wasted time and

Employment At Will Doctrine Is Legal Rule Essay
Employment–at–will Doctrine is legal rule, which gives employers broad discretion to fire
employees "for a good reason, a bad reason, or no reason at all" (Halbert, Ingulli, & Frey, 2015).
The meaning of the term at–will lay in the will of employer to dismiss an employee at any time for
any reason. From the other side an employee can feel free to leave a work at any time, without
reason, and it will not have any unfavorable legal outcomes. Under at–will employer has right to
make changes in the employment relationship agreement without any notification. Such changes can
be applied to reduction of benefits, rate of wages or alteration in schedule of work. Employment–at–
will may put employees in a vulnerable position. Under at–will conditions, employer has rights to
dismiss employee with or without any reason. Such dismissal is limiting employee 's legal rights to
dispute termination. To protect interests of employees, the most of the states recognized the
exceptions in employment–at–will, that helps employees to confront termination and retaliation.
There are several exceptions, which can help employees in such unfair bargain. One of them is a
public–policy exception. Under the public–policy exception to employment at will, an employee is
wrongfully discharged when the termination is against an explicit, well–established public policy of
the State (Muhl, 2001). Most states accept public–policy, which protect employees from unlawful
discharge. Employee cannot be fired when he

Legal Research Paper
Elizabeth Gomez
Saratoga Hostel v. Avila (2009)
In 1999, Maria Avila was hired as a housekeeper by Saratoga Hostel; she was 42 years old. Her
duties included: cleaning twelve rooms a day, doing some laundry, and cleaning the hallways as
well. Due to the economic crisis of 2009, Saratoga Hostel hired a new business consultant to find
ways to reduce costs and personnel. The housekeeping department let go 3 of their 10 employees.
The manager then decided to train all employees to clean 14 rooms per day instead of 12. When the
training was over, 3 employees could not handle the pressure of the new routine, Avila was of them.
These three employees were given another week of training. After that week, when ... Show more
content on Helpwriting.net ...
Google, while they can be enough to file a claim, are not by themselves enough to prove age
discrimination. Reid was fired for not being a "fit" to Google's culture; Avila was terminated
because she was not a fit to the new Saratoga Hostel's performance standard policy. Under FEHA,
the employer is required to establish that its practice is justified by business necessity. In Avila's
case, Saratoga Hostel can prove that under the new business plan, the company was forced to
change their performance standard in order to stay in business.
In Earl v. Nielsen Media Research, No. 09–17477 (9th Cir. Sept. 26, 2011) Christine Earl was hired
by Nielsen Media, Inc. ("Nielsen") in 1994 at age 47. She worked for 12 years as a Membership
Representative, or "recruiter" until her termination. Nielsen committed three company policy
violations before being placed in Development Improvement Plan ("DIP") in February 2006. The
"DIP" "stated that her failure to meet company expectations in the future "may result in the
implementation of the disciplinary process," a "PIP" "states that failure to meet expectations may
result in further disciplinary action up to and including termination." At no point during her time at
Nielsen was Earl placed in a Performance Improvement Plan ("PIP".) The same year, Earl's
supervisor prepared Earl's annual performance review and wrote "Overall,

Employment At The United States Essay
Employment At–Will gives the employer the right to terminate employment at any time for any
reason, except an illegal one. In turn an employee can leave their job for any reason without any
adverse legal affects. The purpose of this paper is to examine Employment At–Will and the
advantages and disadvantages to both the employer and employee. It will analyze various workplace
scenarios and determine the cause and effect. It will also examine the state of Georgia's At–Will
policy and a recent case involving it.
What is Employment At–Will Employment At–Will is a term used in U.S. labor law granting the
employer the right to terminate any employee for any reason and without providing any warning. In
the United States, employees without a written employment contract generally can be fired for good
cause, bad cause, or no cause at all; judicial exceptions to the rule seek to prevent wrongful
terminations (Muhl, 2001, p.1). When employees acknowledge At–Will employment during hiring
they lose claim for loss of dismissal. The employer also has the right at any time to change the terms
of employment at any time with little or no repercussions. The At–Will presumption can be modified
by the employer via a contract with the employee. This process normally happens when specific
work is required for a specific duration. All states honor some form of At–Will employment with a
varying number of exceptions. Even so Employment At–Will remains a controversial subject in the
study of law

The Employment Status Of Workers Essay
INTRODUCTION
It is certainly true that the current law defining the employment status of 'workers' is uncertain, as it
is wholly inflexible to deal effectively with cases of non–standard forms of employment, atypical
workers, for example: agency workers, part–time workers, fixed–term workers, as required workers
and homeworkers. Thus, reform is necessary to redress the concerns of lack of legal certainty in
relation to this area of the law.
This essay will argue that the concept of 'worker' defined under section 230 of the Employment
Rights Act ("ERA") 1996 is board; however, due to the undefined scope of section 230(3) of ERA
1996, employment tribunals and the courts have adapted a rigid approach in their interpretation; that
there is a 'high degree of legal uncertainty' as established in this area of law; that the law does not
adequately deal with non–standard forms of 'workers'; present proposals for reform by the UK
Parliament on the interpretation and application of law at common; and finally provide a conclusion
for the arguments put forth.
THE CURRENT STATE OF THE LAW Firstly, employment tribunals and the courts have
interpreted the concept of 'workers' too narrowly, by limiting the common law interpretation of
'workers' under section 230(3) of the ERA 1996 and rights conferred on workers. Under section
230(3) ERA 1996, 'worker' is defined as "an individual who has entered into work: under a contract
of employment, or any other contract express or implied... to do

Office Supplies Inc Case Brief
1. The legal issues the court will determine is, whether or not Sheldon Cooper was wrongfully
dismissed because Office Supplies Inc failed to provide reasonable notice and what kind of damages
does Office Supplies Inc owe. b) Failure to provide reasonable notice, is grounds for wrongful
dismissal. Therefore, the court has to consider certain criteria, established in Bardal v. Globe & Mail
Ltd., [1960] O.W.N. 253 (H.C.J.), to decide whether or not Cooper received enough termination
notice. A relevant factor is Cooper's age; 48 years old. Generally, employees are supposed to receive
a greater termination notice the closer they are to 50 years old. Cooper's position within the
company is also a relevant factor in wrongfully dismissal, and for

Usyd Claw1001 Paper
hContents 1. Introduction 2. Relevant Facts and Relevant Issues 3. Ratio/Rationes 4. Evaluate
Court's decision 5. Reach a conclusion
Introduction
The area of law to be discussed would be implied 'terms of a contract which are not agreed by the
parties.' They are terms which are related to 'contingencies which might affect the contract of
employment in this case.' This is what 'parties intended but left unwritten in the gap of a contract.'
There are five conditions by which a contract would be satisfied before a term would be implied.
They are 'reasonable and equitable, necessary to give business efficacy so no term will be implied if
... Show more content on Helpwriting.net ...
The first argument is supported from the Transport Workers Airlines Award 1988 similar to the case
of Mallinson and Scottish Australian Investment Co Ltd 'where an employee tried to recover in the
New South Wales District Courts the difference between the award rate and the lesser amount which
he had been paid.'
The second argument concluded from BP Refinery Pty Ltd v Shire of Hastings is that 'it is not
necessary to imply a term in the form of c11(a) for reasonable or effective contract of employment
in all circumstances.'
The third argument should be implied because that terms may be implied through custom/trade
usage where term may sometimes be implied by reason of established custom which includes
established practice in the industry. The agreement from the statute can be used in supporting the
appellant's argument that the term be imported into the contract.
Ratio/Rationes
'The ratio decidendi is termination of employment by an employer shall not be harsh, unjust or
unreasonable and termination of employment shall include termination with or without notice.'
Implied terms and imported terms will be brought into view to whether termination of the
employment from the baggar handlers is reasonable or unreasonable.
Evaluate Court's decision
The court's decision of termination of the appellants' employment was not totally reasonable enough
to terminate employment.
The Implied argument that the 'implied term of contract of employment should be rejected' as

Dismissal In The Workplace
Managing the dismissal, redundancy and retirement process is vital ensuring the organisation
maintains a positive outlook, culture, employer brand and can also provide an opportunity for
employees to return or continue to provide services for the organisation if the dismissal is not due to
gross misconduct. ACAS noted that the most common reasons for dismissal are misconduct,
capability and redundancy. Key legislation includes the Employment Rights Act 1996 is primarily
concerned with employee rights including fair dismissal, unfair dismissal and redundancy. A
dismissal can be 'fair' provided the employer has given one of the five specific reasons: ¥ Conduct –
misbehaviour impacting on the organisation e.g. punctuality issues, verbal abuse. ¥ Capability –
under performance or health issues. ¥ Redundancy – due to downturn or reorganisation or role is no
longer needed. ¥ Statutory reasons – continuation of employment would violate a statutory
requirement such as work eligibility. ¥ Some other substantial reason – other serious reasons not
related to the above e.g. false information provided on an application form These reasons need to be
justifiable and substantiated and due process should be followed. Dismissal can further be
categorised into 'wrongful' and 'unfair' dismissal. Wrongful dismissal ... Show more content on
Helpwriting.net ...
However, employees require 2 years of continuous service. The ACAS Code of Practice offers key
advice regarding what employers will need to follow to demonstrate that they have followed a fair
procedure. Employment tribunals are concerned with fairness and justification and are able to
provide additional awards if employers do not follow the Code of Practice. The basis of unfair
dismissal law is based on employees being treated fairly and in order to make a claim of unfair
dismissal an employee needs to to demonstrate their dismissal and that the dismissal was due to
unfair

Supporting Ethical Behavior In The Workplace
Ethical behavior in the workplace is paramount to a successful organization. Commitment to
supporting ethical behavior in the workforce must be a top priority for all public service employees.
The ethical culture of the organization starts at the very top of the organization. The standards of the
agency are adhered to across the entire structure through fair and consistent ethical conduct as
defined by leadership. Effective leaders must demonstrate through their behavior that they believe
what they say. Those who pronounce that their supervisors and street level workers must adhere to
the highest ethical standards must themselves adhere to those same standards (Menzel, p. 70, 2016).
Actions may not be considered illegal, however if the action is contrary to organizations ... Show
more content on Helpwriting.net ...
Retaliatory termination refers to firing an employee as revenge for an employee's protected activity.
Protected activities include such acts as refusing to participate in something illegal, reporting sexual
harassment or other illegal act, or seeking to join or form a labor union. If an employer fires an
employee for taking part in any of these activities, it is considered retaliatory termination, which is a
form of wrongful termination (Legal Dictionary, 2016). If Rob does fire Carolyn after the ruling is
decided in his favor, she should bring a lawsuit for wrongful termination. Wrongful termination, also
referred to as "wrongful dismissal," or "wrongful discharge," involves the termination of an
employee without just cause. While most people who have been fired from their jobs feel the
dismissal was without just cause, wrongful termination actually refers to dismissals for a narrow set
of reasons. In fact, wrongful termination refers to termination involving some type of
discrimination, which violates the employees' civil rights (Legal Dictionary,

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