Redundancy: This is a legal term that arises where an individual is either dismissed, put on short term or lay – off (Grimes and Horgan, 1988), although this is done because of the legal implications and employers don’t like to be sued by employees for such reasons because of the lump sum accrued to it as damages or penalty. There are identifiable reasons for such act which could be either the employer has intended to cease to carry on business or the reason for employment of the individual no longer exists (fewer persons are required). Nonetheless, the employee (provided he has satisfied the Social Welfare Act of 1952 (as amended) – must be employed by the employer for minimum of 2 years and must be insured under the Social Welfare Act) is able to establish a ground of redundancy, and it behoves the employer to justify the selection of redundancy is genuine and in a fair manner(Faulkner, 2008), if not, the damages paid is a sum payment to the employee, calculated by reference to the length of the employee’s service and normal weekly wages at the date of dismissal as stipulated in the Irish Redundancy Payments …show more content…
The Nigeria Labour Act covers this aspect, the act stipulates that employers inform the employee involved of the reasons for and length of the anticipated redundancy by applying the principle of “last in, first out” (similar to the Irish employment law) in the discharge of the worker subject to factors such as relative merit, including skill, ability and reliability; and endeavours to negotiate redundancy payments to any discharged employees I the best possible manner (Adeshina, Akande and Aiyepola, 2017). However, companies do not subject its employees to redundancy or follow this method rather an outright dismissal or termination is
Employment Rights Act 1996 - It deals with rights can get when at work including unfair dismissal, reasonable dismissal notice,
On the other hand, the success of the company is in large part due to the hard work of the staff who would lose their employment. In addition, it must be determined who would perform the work of the dismissed employees and if the company would be able to function without them. Moreover, the morale and productivity
Employees should provide appropriate documentary evidence to prove they are entitled to work in the UK where necessary. Information on retirement entitlements and pension schemes available in the workplace are also detailed in an individuals contract: this includes details on who is entitled to a pension and how the pension scheme works. The contract also details rights relating to maternity and pregnancy. It also looks at absence detailing sickness pay and entitlements: sickness pay depends on length of service previous sickness records and benefits received from government sick pay schemes. Staff must notify the employer providing them with appropriate evidence of illness in accordance with the sickness
Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce or move its operations to a location beyond reasonable commuting distance.
They will also be made aware of the reason for the redundancy dismissals and the number of the proposed redundancies. The process of selection and what procedures will be followed during this challenging time will also be made clear to each employee that may be affected. Last, they will also be made aware of the method of calculation of the redundancy pay they will receive if they are selected.
When an employee leaves the company of his or her own volition, it is called voluntary turnover. In this essay, I will discuss why voluntary turnover is a problem for many organisations and how to retain employees.
Even though TUPE protects employees from unfair dismissal, we can fairly dismiss employees for ETO reasons or for genuine redundancy reasons following a fair dismissal
The 1964 civil rights acts protects you from any act of discrimination and this could be detrimental to the company if Haimes says there is a kind of discrimination by the company. After several analyses it was decided to continue with the decision to layoff Haimes although this remains to be seen in court since Haimes joined an association to protect the gay community and will go against us for discrimination by sexual orientation. Sarah Boyd is a lady who has a lot in the company but its overall performance is average and does not have any special achievement, though it is painful for many years working in the company this is the second SELECTED for layoff. We were initially concerned that his age and the Age Discrimination Act could affect our company, but we had doubts that it would go against the company to which he had so much respect and for which he had worked for so many years. After evaluating and analyzing deeply Mrs. Boyd's situation it was decided to talk with her and her supervisor and explain them that layoffs in dispatch are inevitable and work out to make a severance package that is fair and acceptable to Mrs. Boyd and to the company. Jenny Mills is the third selected to layoff; her work is average and has no special achievement. Although his work is satisfactory overall their performance skills are not critical. In spite of that I and the lawyer and other people felt it was the best decision we were afraid there was something that could
The effect of mismanaged LAYOFFs on the remaining workforce and the effects, lack of management preparation, the human condition, and lack of mitigation strategies. We think that the problem with this article is that not enough managers or HR personal, know how to let a person go from their employment effectively. They sometimes don't realize the impact that it has on the other employees morals. Also, that sometimes companies don't take a closer look to make sure downsizing will be the answer to cutting costs like they think that it will. Every HR or manager should be let go in their lifetime so
28, 2009) - SECT 385 (cited in Austlii.edu.au), unfair dismissal is when dismissal was harsh, unjust or unreasonable, was not consistent with the Small Business Fair Dismissal Code and the dismissal was not a case of genuine redundancy. This Act gives us security from unfair dismissal but we must not be overly confident and take this for granted because there are some rules and limitations associated with this act. We must consider the set of conditions in filling a dispute and claiming for remedy. This can be found on the part 3-2-Unfair dismissal section 379-405 such as the time allowance in filling for complain (21 days), corresponding application fees, minimum months of employment required (6-12 months) and
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.
Alternatively, if the employee’s termination is considered voluntary a liability will be recorded when the employee leaves the company (ASC 712-10-25-1). In order to answer this question we need to establish the communication date in the case. After establishing the communication date we need to determine if all criteria presented in ASC 420-10-25-4 are satisfied. An additional issue is if the past one-time severance benefit offered to employees being terminated could be considered an enhancement to an ongoing benefit arrangement. If it is considered an enhancement, the liability would be recognized when it is probable that a future settlement will be reached (ASC 420-10-55-18).
Turnover of employees can be involuntary or voluntary. When a company "lets go" of an employee who has been a bad performer, has violated company policy, or broken a law it is usually considered involuntary turnover. So are layoffs. More often we speak of turnover in the context of being voluntary, or the unplanned loss of employees who leave on their own accord, but that the
Liabilities arising in respect of wages and salaries, annual leave, sick leave and any other employee benefits expected to be settled within