Employment Law

Employment Law

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Ref No: 1963

Nature of the Case

Employment Law .The case is related to the category of unfair dismissal in the employment law where an employee by the name of Sam has been dismissed by his supervisor Elena due to the fact that he was the loading number of glass items from the factory into his car. Upon viewing this act, Elena questioned Sam about the loading of glass in his car, but Sam told her to mind her own business.

Elena considered the conduct of Sam as inappropriate and fired him from the job considering that he has conducted the breach of his duties. The case is now related to the discussion about the legal rights of Sam and whether he successfully claims for the unfair dismissal against his supervisor or not. The decision of the case has been provided considering the rules and regulations that are generally followed in the employment of the individuals along with the procedures that are needed to be followed while terminating them for any specific reason.

Literature Review

Employment Law By the term unfair dismissal, we mean those dismissals, which are considered to be inevitably unfair if and only if the worker gets dismissed for any of these reasons[1]. Some of them are:

• Any opinion or point of view related to religion or political views.
• Legal procedures against a business where a representative is a gathering or a witness.
• Race, color, sexual introduction, age or participation of the Traveler people group.
• Pregnancy, conceiving an offspring or breastfeeding or any matters associated with pregnancy or birth.
• The unfair choice for any reason of redundancy.
• Your boss has fired you and ends your contract of employment without any prior notice[2].

Usually, the term unfair dismissal is used where a person is dismissed from his/her job. For that, there are many laws built where the person can claim for unfair dismissal against the boss. Unfair dismissals enactment does not really shield you from rejection; rather it gives an arrangement of offer whereby you can scrutinize the reasonableness of your release after it has happened.

Most of the time the dismissals are assumed that unfair act has happened against someone dismissed, until and unless the employer proves he’s innocent using proofs. Under the enactment, you may approach your boss for a composed proclamation of the explanations behind your rejection. Managers ought to give this inside 14 days for solicitation. On the off chance if an employee is found to have been unjustifiably rejected he/she might be put back in employment or, more generally, he/she might get remuneration for the loss of profit brought on by the release[3].

However, it has been highlighted that the employees can only claim for unfair dismissal if they have worked for a qualifying period. Nevertheless, this provision does not apply if the employees are claiming for an automatically unfair dismissal.

The right of complaining about an unfair dismissal is not available to the individuals who are self-employed people, independent contractors along with the members of the armed forces. Moreover, individuals who are illegally employed such as the employment of the minor or employees who have reached a settlement with their employees regarding the end of their employment term are also unable to claim for the unfair dismissal. Furthermore, an employee can be dismissed if he is unwilling to do work or is involved in any misconduct or is physically unable to do work at all. The employers have to make sure that the procedure adopted in the dismissal of employees is fair and justified[4]….