This website uses cookies to ensure you have the best experience. Learn more

Advise Leon, Neil And Olivier As To Their Remedies, If Any, In These Cirsumstanes. Employment Law

1786 words - 7 pages

The law governing the issues identified is found in common law and statute, with guidancealso given by relevant codes of practice. The main statute is the Employment Rights Act1996. Although statue has largely superseded common law, where there has not been adecided case on similar facts under the statute, the court or tribunal will look to earliercommon law cases. Non-statutory materials such as Codes of Practice and handbooks issuedby competent authorities such as the Advisory, Conciliation and Arbitration Service (ACAS)although not strictly relating to an action of wrongful dismissal may also be considered asthey offer best practice guidelines for employers. I will be discussing whether Leon, Neil andOliver can claim unfair dismissal.Where an unfair dismissal claim is successful, the key remedies are either reinstatement to theformer employment or financial compensation. The circumstances of the particular case aretaken into account in determining the most appropriate remedy. For example, if relationsbetween the parties have deteriorated beyond repair, financial compensation would mostlikely be awarded.There are a number of commonly accepted duties that both employer and employee mustadhere to. These include a duty to obey reasonable instructions Ottoman Bank Ltd vChakarian (1930) Pepper v Webb (1969) Wilson v Racher (1974). A breach of any of theduties, either by the employee or the employer is seen as a breach of the contract. Today,'reasonable notice' would be the same as that required by statue except in exceptionalcircumstances. It is evident that Leon has breached his duty not to follow the notice writtenhowever it wouldn't regard this incident as exceptional grounds to dismiss upon. Furthermoreit is also evident that Neil was unfairly dismissed however he was in breach of contract forclaiming overtime he was not entitled.A 'fundamental' breach of terms by either party at common law or statute, may release theparties to the contract, and may justify a summary dismissal (instant dismissal). If the breachby the employee is not fundamental it may give rise to a wrongful dismissal action against theemployer. An employee can only claim for wrongful dismissal if the employer's terminationof the contract was in breach. There is no wrongful dismissal if the employer terminated inthe face of a fundamental breach by the employee (Pitt, (a) 1998: p260). Thus, a wrongfuldismissal must fulfil two conditions: first, that the employer terminated the contract withoutnotice or with inadequate notice, and secondly, that the employer was not justified in doing so (Pitt, (b) 2004: p200). For example without carrying out the disciplinary proceduresincorporated into the contract Gunton v London Borough of Richmond (1981).At common law, a fundamental breach may be considered such if it is one the parties regardas vital (Honeyball, 2004: p68) (The Mihalis Angelos (1971)), or that by the actions of theparty concerned, shows that they no longer intend to adhere...

Find Another Essay On Advise Leon, Neil and Olivier as to their remedies, if any, in these cirsumstanes. Employment law

Torts law Essay - Answering the questions are remedies available to people infected with AIDS in Australia

2418 words - 10 pages Director general of the Department of Health pursuant to the Health (Infectious Diseases) Regulations 2001 (Vic). On the basis of the facts of your case, I forward to you my advice and subsequent recommendations.DutyThere is no question as to whether a duty of care was owed to Michael in this case. As the professional relationship you have with Michael (of which this case is concerned with) is that of a doctor and patient. "The law imposes on a medical

Lingual Evasion: Euphemisms and Their Effect on Perceptions in View of Neil Postman’s “Invisible Technologies”

603 words - 3 pages never “flatulent,”, but “passes wind.”. Sexual intercourse, perhaps one of the most controversial topics in many societies, has dozens if not hundreds of euphemisms in English alone, ranging from the obvious to the outrageous. It seems that the need to mask that which incurs embarrassment or is tagged as crass outweighs the influences of science and technology. This tendency, to prefer elusive over straightforward language, speaks volumes about

Employment and Agency Law

1174 words - 5 pages employer. If Traci was not a regular employee but an independent contractor, things may have happened differently. If she was an independent contractor and there were no specific contract rules regarding outside employment, most likely Traci would not have been terminated as long as she did not break any laws.The federal employment laws are effective in helping to resolve this issue as long as the employee can prove that it was a case of

Was any one of these reasons more important than the others in Hitler's rise to power?

1178 words - 5 pages to the Enabling law, 1933 because if Hitler was not appointed as chancellor then he wouldn't of been able to pass the enabling law which gave him the power to make up his own laws for the next four years without consulting the Reichstag.This was very important especially for the future of Germany as it now meant Hitler could make up any law he wanted, which was frightening for the Germans and even more for the people Hitler disliked. He was

Describe and Analyse any Recent Organisational Change, Discuss the Problems Encountered in the Process of Managing Change and Suggest Possible Solutions to these Problems

3331 words - 13 pages structure with many formal rules and procedures where organizational members came on doing the required scope without any additional creativity or development. As the flexibility in the organization is increasing and the new trend is changing from bureaucratic structures to decentralisation structure basis on their creativity of the organisation personals with limited specified code of conduct with respect to the positions.New technology: Although

Advise John and Sylvia whether they have any legal claim against Peter

1638 words - 7 pages accounts to both acceptance and acceptance notification.In this case John's efforts in the renovation of the house and revival of Peter's property agency constituted his acceptance. Moreover, as soon as the couple resigned from their jobs in Hong Kong to move to Melbourne, John had already commenced the performance of the conditions stipulated by Peter and Peter has lost the power to revoke the offer.(8)What if John's real intention was for Sylvia to

Is War Worth it? comparing Gallipoli and These fought in any case by wafa nurdin

1029 words - 4 pages personality.Pronouncing war is wrong is an understatement. It is a sad part of our society that unfortunately, must be dealt with. Both works, Gallipoli and These Fought in Any Case are prime examples of pieces that are against the concept of war. They both emphasize the wastage of lives, and the misleading propaganda that surrounds it. As a society, many lessons are still waiting to be learnt. Each day a war rages on, is another step backwards. As ingenuous as this sounds, if we all loved each other, the world would be a better place.

Learning Communities- This Essay Will Help To Persuade High School Teachers And Administrators Towards Building These Communities In Their Schools

697 words - 3 pages . (Ireland, Hoeppner, Cleary). Students, faculty, and parents have a common goal to educate and make the school a better place. The foundation of any learning community is collaboration rather than competition. (Cooper and Boyd.) The focus of a learning community is that of learning by students actively participating. The Center for the Study of Community in Santa Fe, New Mexico asks the question What if we were to organize schools around the

Employment Law and Labor Relations Issues in your Workplace

974 words - 4 pages used against you as evidence of violations of the law. Having these problems addressed in my organization could help it many ways, starting with establishing a good relationship between upper management and current employees and also establishing a steady line of communication. But this issue cannot be addressed until a local Human Resources department is establish at every local office so if employees do have question about employment law or current labor relation issues they can be addressed right then and there.

LGBT Employment Discrimination in National and International Law

2725 words - 11 pages The level of protection for LGBT (Lesbian, Gay, Bisexual, and Transgender) individuals as a protected class in human rights law has been put into question in recent years. Article 2, paragraph 2 of the ICESCR says the following: The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion

Ethical Issues in Employment Law

988 words - 4 pages , there was one officer within that chain that chose to document these reports and they proved to be invaluable for use in a future court proceeding. Any person accepting a position as a civil service technician agrees to wear the uniform appropriate for the member’s grade and component of the armed forces (U.S. Government Printing Office, 2014). Therefore, even though civil service technicians are considered civilians, wear of the uniform is

Similar Essays

Advise, Jenny, Billy, Edison And Melissa Of Their Legal Rights And Obligations, If Any

1230 words - 5 pages Jenny has not accepted any offer by Edison and the communication of acceptance by Rebecca is not binding, there is highly unlikely a contract between Jenny and Edison.Jenny does not have any contractual obligation to leave the 3 air-conditioners and the L-shaped desk to Melissa because Melissa's consideration for that is past consideration.Bibliographies Srivastava, D.K., Business Law in Hong Kong (Sweet & Maxwell Asia, 2007) - (Textbook) P

Describe What Are The Main Sources Of Stress At Work Are In General? Do Any Of These Apply To You As A Student? If So, What Could You Do To Alleviate It?

1816 words - 7 pages BH1107 731676 With reference to relevant theories, describe what the main sources of stress at work are in general? Do any of these apply to you as a student? If so, what could you do to alleviate it?Stress has become a big concern of the employers and investors as it is single largest reason of work absenteeism resulting in lose of millions of working days every year. (Money Marketing, 2004) This has resulted in loses to businesses reaching in

Using The Application Of The Theorists, Determine If There Are Any Similarities In Your Own Belief System Relative To These Theorists

1449 words - 6 pages make up a person’s mindset. People learn and process information differently depending on several different factors. Of the theorists I have studied, Piaget’s theory of cognition implies that children form their own way of learning (Department of Psychology and Neuroscience). Piaget suggested that children don’t really need any help from adults in order to learn something new (Department of Psychology and Neuroscience). He also suggested that

Discuss Competition Between Women In "The Snow Child," And "The Company Of Wolves." If Women Are Subjugated In These Stories, Why Do They Work Against One Another Instead Of Banding Together? What...

1776 words - 7 pages Discuss competition between women in "The Snow Child," and "The Company of Wolves Discuss competition between women in "The Snow Child," and "The Company of Wolves." If women are subjugated in these stories, why do they work against one another instead of banding together? What message does their competition convey? "The Snow Child" and "The Company of Wolves" in "The