CONTRACT AND EMPLOYMENT

Contract and Employment

[Name of the Institute]

Contract and Employment

Introduction

According to the case mentioned, I am of the opinion that Clarissa has no right to file any claim against the company for dismissing her from her job. This is because of many, several incidents that occurred to the negligence of Clarissa. The job description of Clarissa requires utmost attention and precautionary measures every time. Her negligence at times could have cost many lives, but fortunately it did not. The manager of the company had given her a fair chance after the incident in which she left the trigger of the missile open. After this incident, she got a second chance by her manager, but sooner she gets stuck in another incident due to her negligence. This incident forced the manager of the company to separate Clarissa from her job. It is the company's policy which gets clearly mentioned at the start which states that, the company can terminate the contract by giving a 6 month notice. In case of Clarissa and keeping in mind her negligence in the job, the company has granted her a “garden leave” which means that she would not be working for the company for the next 6 months, but the company will be paying her monthly salary. According to the labor law, this is a fair treatment of employee. In this case, the employee is not getting tortured or harmed by the company, but the company has shown gratitude and sense of respect to its employees but giving her a “garden leave”. The below discussion will get based on the definition of unfair dismissal and the criteria for falling a suit against unfair dismissal. According to analysis of labor law, it is not recommended for Clarissa to file a suit against her claim of unfair dismissal.

Unfair Dismissal

Dismissal gets regarded as the notification of appointment of another worker to fill the same job, the injunction to Bandon the office and hand over the keys and the dispossession of functions. The qualification of a dismissal as unfair dismissal is not specific discipline, but is applicable to any causal dismissal, for the intended purpose: to ensure adequate protection to the worker. Declared unfair dismissal as the employer may choose to reinstate or compensate the employee by paying him wages in both processing and regulating wages, being one that is appropriate compensation to the employee at the time of dismissal.

Where the dismissal gets declared unfair, the employer, within five days of notification of sentence, may either reinstate the worker, with payment of wages during the proceedings provided for in paragraph b) of this paragraph 1, or payment of the following sums, which must be determined by it:

a)An allowance of forty-five days of salary per year of service, prorated for months the time periods less than one year to a maximum of forty-two months.

b)An amount equal to the sum of the unpaid wages from the date of dismissal until notification of the decision to declare the invalidity or until they ...