CASE STUDY - LEGAL ADVICE

Case Study - Legal Advice

Case Study - Legal Advice

Introduction

Discharge of an employee is not an easy assignment in terms of law and regulation. As it can be a complex scenario to deal with at the employer's end. Particularly this is factual when the employee has worked for the company for more than 12 months. In the scenario when the employee has signed a full time contract with the company; the situation becomes more critical for the employer.

1a) Legal Advice for ABC Ltd

If the ABC Ltd Company has entered into employment contracts by adapting the correct procedural fairness and competence; there exists strong probability for them to successfully defend themselves in the court of law. In this scenario if any litigation is charged against the company; the company will be equipped to defend itself and ultimately the case will be dismissed. In case of ABC Ltd Company, management can consider certain options to avoid litigations against Mr James; a full time contract, Mr Small; a part-time contract and Mrs Connor; a home worker mother (Richard, 1998, 29-43). In the scenario of ABC Company the reasons for dismissing an employee are discussed below. These reasons are fair and free the employer from the liability or litigation:

Conduct

This reason is based on the factual information pertaining to the behaviour of an employee. There are certain scenarios where the behaviour of an employee is critically unacceptable. For instance; being late at work repeatedly or drinking at workplace.

Capability

This reason is based on the information acquired about the skills or aptitude of an employee crucially required for the job. This scenario also includes the frequent absence of an employee from the workplace due to health-related issues. This reason can be used effectively against the ineligible employees. In this scenario an employee can also provide a suitable alternative, but this decision requires mutual consent.

However, the company must ensure that employer's discrimination against people with disabilities is not legitimate; hence the disabled employees do not fall in this category. In addition, it is the responsibility of the company to make reasonable adjustments in the workplace and the job completion methods. The company must take its decision very wisely to avoid substantial shortcomings and to ensure fair assessment of disable employees.

Legality

In this scenario it can be analyzed that the decision of the company should not cause any unexpected consequence such as litigation. The decisions of the company should be fair in the eyes of law; company must follow the regulations and treat the employees accordingly.

Redundancy

In this scenario it can be analyzed that if the ABC Ltd Company does not have enough business or workload the company can claim to have a legal and reasonable downsizing to cope up with the problem. However, the company must be able to present the information required to enlighten the problems encountered.

Some other substantial reasons

This is called the all-encompassing reason; however' it requires crucial attention because it must reveal that the ground is ...