EMPLOYMENT LAW

Employment Law

Employment Law

Introduction

In a decision dated November 22, 2010, the Supreme Court explained that the employer must have reasonable grounds for dismissing a worker. The trial courts (judges from labor courts and labor courts) can decide on the reasonableness of this pattern. If the trial court's view, the reason is not reasonable, it is question of unfair dismissal. Section 63 of the Act defines employment contracts unfair dismissal as a dismissal of a worker employed for an indefinite period, performed for reasons:

Who have no connection with the capacity or conduct of the worker or\

Those are not based on the operational requirements of the enterprise, establishment or service (Collins, 2004, p. 24-28).

In case of dispute, the burden of proof adduced reasons for the termination rests with the employer. If the employer fails to provide evidence, he must pay the worker a lump sum equal to six months' salary. Parliament had introduced this provision in the law on employment contracts to offset the fact that workers generally have shorter notice periods than employees. They are therefore less protected against dismissal. This paper would focus on the study of a case, in which Tom, a personal trainer for Unfit Ltd, was dismissed from his job (Collins, 2004, p. 24-28). The paper would analyse and suggest if Tom was unfairly dismissed by the organisation or not.

Discussion

Answer 1

The dismissal will be classified as inappropriate when it is credited to the breach of contract, alleged serious and willful by the employer in his letter of dismissal. However, it cannot be regarded as guilty of a worker's conduct when acting under the influence of a depressive syndrome and psychotic reactive affecting his personality and that this pathological situation affects decisively to regard it as harmless. The dismissal made ??in response to a prolonged state of illness, determine unfair dismissal, not void. Similarly, the dismissal should be classified as inappropriate when there is sufficient cause to justify the infringement (Collins, 2004, p. 24-28).

The dismissal does not meet the formal requirements. However, it would be too unfair dismissal occurs where the formal requirements but the dismissal is without cause. Unfair dismissal to be credited not possible economic difficulties of the company for the implementation of the LOGSE. Not demonstrated the necessity of the measure. The discrepancies with the address do not assume the existence of discriminatory dismissal. Compliance should exist with the formal requirements in written communication by letter of dismissal (Collins, 2004, p. 24-28).

In the fixed-term contract termination will be unlawful when missing the event that justifies termination, i.e., the arrival of a decisional term.

The dismissal is caused by practices that have been tolerated by creating awareness of permissiveness.

The dismissal is based on facts that had already been punished.

There is a communication of termination of temporary contracts transformed into permanent law by fraud (Collins, 2004, p. 24-28).

Dismissal is considered the notification of appointment of another worker to fill the same job, the injunctions to bandonar the office and hand over the keys and the dispossession of ...