An Argument Against An Unjust Dismissal Essay

Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,

Given the culture these days of “No Win - No Fee” solicitors, the majority of employers have legal expenses cover that allows them to be guided through all employment issues by professionals who have the expertise in employment law. Owners/managers are advised to use this service for even the smallest employment issue as not following due process can prove costly for employers. In addition, these experts and the advice they give are non-biased and in accordance with current employment legislation.

I am writing to you in the hopes to appeal the decision of my academic suspension. When I received the news of my suspension I was deeply saddened, but understood completely the circumstances under which the decision was made. My low GPA failed to meet the requirements of the University to remain an active student on campus, which as a result led to my temporary dismissal. In the beginning of my freshman year, I was very excited about coming to Howard University because I had fell in love with the school. Into my first year I took on 18 credit hours convinced that college would be similar to high school. My first semester felt extremely overwhelming, I thought that I could handle my classes, and I convinced myself that I did not need help but I had only proved by the end of that semester that I was wrong. I did not know how to study well, and I could rely on my “smarts” to get me through classes that were rigorous. I enrolled myself without counseling into Spanish 2, calculus 1, and Freshman composition and I struggled the entire way, my pride just would not let me admitted that I needed help. So I lied to myself, I told myself that it would get better or maybe just go away. It did not and after failing my final exams I would be faced with the damage I had done to my, academic career.

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

The case study, Is this a case of discrimination or non-performance, the author discuss the issue between Dr. George Annan, newly hired the assistant professor and Dr. Mary Reed, the department head for the Applied technology and management at Northern Plain University. Dr. Mary Reed was offered a position as the department head in August 2003. She accepted the new position and was excited to run the department. Within two years, she had a great experience working as a head of the department; however, her job got difficult when she encounters issues with African employee. Dr. George Annan was hired in August 2003 as the assistant professor in the Construction Management Program. He was the only African male professor among three White professors. Issues arise when Dr. Mary Reed observes Professor Annan’s teaching styles and other demands which seem to be problematic. However, Dr. Reed did not provide enough information to the professor Annan which makes him think that he is being discriminated. This is a case of non- performance; however, the manager took some poor steps which lead to the issues.

In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts,

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

2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.

When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

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.)

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…”

"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region

Warhane and Radin, in their article “Employment at Will and Due Process”, suggest that one of the major reasons employment at will is acceptable is that it protects the proprietary rights of employers. In particular “the proprietary rights of employers guarantee that they may employ or dismiss

Conlon v Ozolins is arguably one of the most controversial and most significant cases in New Zealand law when it comes to contractual mistake. With a majority judgment, it identifies an intention of the courts to do what is fair in certain circumstances. The outcome of the case is heavily criticised as being wrongly decided because of the ignorance of the objective theory of contract formation, disagreement in regards to the Contractual Mistakes Act 1977, ignorance of separation of powers, the interpretation of mutual mistake, the relief given, the application of estoppel, the effect of agency and the use of dissenting judgments. Although, there are plenty of controversial reasons for a wrongly decided case, I will then argue that the Court of Appeal rightly decided the outcome of the case.