Essay on "Contexts Law Should Karl"

Essay 10 pages (2662 words) Sources: 10

[EXCERPT] . . . .

Bill also for personal benefits supported Charles and Muriel in hiding the incident of murder of Gabrielle. He was talking undue advantage of this incident and hence was involved in activities which were against the legal duty of care and also moral obligations.

QUESTION # 3:

When is it legally fair to dismiss an employee (answer by reference to Bill)? When is it legally unfair to dismiss employees (answer by reference to the Mondox nannies).

The organization or the employer can dismiss an employee for reasons of misconduct. The other reason for dismissing the employee would be business related reasons. However, the employer should follow a fair procedure in dismissing an employee. At times, dismissing an employee becomes difficult for employer to manage or to tackle particularly when an employee has worked in the company for duration of 12 months or more as the employer has to consider about unfair dismissal rights of the employees (Estreicher, 1985).

According to Employment Act 2002 an employer is required to follow new statutory discipline and grievance methods as of October 1, 2004 and employers have to notify employees of these methods and about their right to appeal against decisions which have been made during the disciplinary methods. If an employer does not follow them then the dismissal can be regarded as unfair dismissal. Therefore there are different things that should be considered by an employer while dismissing an employee (SmallBusiness, 2006).

Before dismissing an employee, employer should be well aware of what the law says about dismissing an employee (Galdon-Sanchez, & Guell, 2003). Employee can be regarded as dismissed under the act when:

When the contract of employment is finished by the employer with or without notifying the employee.

When the employee is dismissed and the employer refuses to allow the employee to come back and rejoin the work after maternity leave.

When an employer hires again some of the employees that have been dismissed but does not employ the rest of the employees then the remaining employees would be considered as dismissed.

When an employer makes the working environment so much hard that it becomes impossible for the employee to tolerate and he leaves the organization. This kind of dismissal is called constructive dismissal.

Dismissal can be fair as well as unfair and all this depends on the situation.

REASONS FOR DISMISSAL

There are five fair reasons that have been provided by the employment law to dismiss an employee (Summers, 1976). These 5 basic reasons are as follows:

Conduct of the employee:

When the behavior of the employee is unacceptable then it is fair to dismiss the employee. Bad behavior of one employee would increase chances of other employees having bad behaviors. An employee can also be dismissed fairly if he breaks any rule of the organization intentionally or even unintentionally.

Just like Bill who was always drunk and during working hours and was not following the proper timings of the work.

Capability:

When the employee is not able to perform the job then if he is dismissed it is said to be fair. Even if an employee is not able to perform the work because of his illness, or because of his health issues even then it is fair to dismiss the employee.

Legality:

When an employee is not allowed to work in any organization because of legal issues then it is fair to fair or dismisses him. In such situation, if an employer is aware that the employee is not at the job legally then he might get into some trouble as well because the employee was not supposed to be employed legally in the country or in the state.

Redundancy

When an employer cannot give insufficient work to the employee then it is fair to dismiss him. There are many rules in this domain however; the basic concept remains the same.

Substantial Reasons

There can be some other reasons as well for dismissing an employee and these other reasons can be put in the category of substantial reasons. An employer has to be careful while categorizing any reason in this category because he has to give substantial reasons for dismissing an employee to make the dismissal fair.

Role of an employer when an employee misconducts

There are certain disciplinary rules that employees should follow or how employees should behave when they are at work and these rules must be clearly defined to all the employees of the organization by the employer or the management. According to law, progressive discipline should be promoted which means one should make efforts to improve the behavior of the employees through informal advices and correction. Even after this, an employee does not try to improve his behavior and repeats his mistake again and again then the employer should give him severe warnings till the time a final warning has been issued.

In reference to the critical contexts story, it was legally fair to dismiss Bell. He was involved in practices which were against the norms and laws of working environment. He was always drunk and followed uneven working timings. Also he used to take undue advantage and serve free drinks to Charles just because of this personal relationship and personal benefits. Bill was involved in several unlawful and immoral activities which could have been harmful for the business. Hence the employer had a legal right to dismiss Bill from the job on account of indulging in practices which were against the norms and laws and which could have been harmful and dangerous for the business.

On the other hand it was legally unfair to dismiss the Mondox nannies. Muriel was accused of dismissing the nannies on the basis of their private activities and use to mistreat and misuse them. It is not legally fair to dismiss employees on the basis of their private activities which are not harming or having negative impact on the duty of the employee or on the overall business. It is not allowed to interfere in the private and personal life of any of the employee, as every employee has the right of spending his or her private and personal life according to his or her own will and wish.

REFERENCES

Brandt, R. (1964). The concepts of obligation and duty. Mind New Series, 73(291), 374-393.

Chalmers, D, Davies, G, & Monti, G. (2010). European union law: cases and materials. UK: Cambridge University Press.

Estreicher, S. (1985). Unjust dismissal laws: some cautionary notes. The American Journal of Comparative Law, 33(2), 310-323.

Feinberg, J, & Narveson, J. (1970). The nature and value of rights. The Journal of Value Inquiry, 4(4), 243-260.

Galdon-Sanchez, J, & Guell, M. (2003). Dismissal conflicts and unemployment. European Economic Review, 47(2), 323-335.

Horspool, M. (2006). European union law. NY: Oxford University Press.

Raz, J. (1984). Review: hart on moral rights and legal duties. Oxford Journal of Legal Studies, 4(1), 123-131.

SmallBusiness, Initials. (2006, May 30). Firing staff legally. Retrieved April 4, 2011, from

Summers, C. (1976). Individual… READ MORE

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