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EMPLOYMENT ACT (Dismissal (Unfair dismissal- dismissed without fair reason…
EMPLOYMENT ACT
Dismissal
Constructive dismissal - employee quits because of breach of contract by their employer (harassment, demoted, unreasonable working hour or place)
Summary dismissal - dismissal of employee without notice for serious misconduct or other conduct which justifies such dismissal
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Unfair dismissal- dismissed without fair reason or dismissed without following a fair procedure.
Remedies - Compensation or reinstatement or re-engagement
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Dismissal by redundancy - employer reduces their workforce because a job or jobs are no longer needed. Employer cease to carry biz for the purpose employee employed or where the employee is employed.
Contract of service test
Independence Test - how independent the employee is at doing the given task (independence in deciding the way how to do the task)
Integration Test - consider whether the employee plays integral role (important) in the operation of the work place (more integral = contract of service)
Control Test - how much of control is being exercise? (right of the master to direct servants as to what is to be done and how it is to be done)
Economic Reality Test - does employee depend on the job for economical survival
READY MIXED CONCRETE (SOUTH EAST) LTD V MINISTER OF PENSION AND NATIONAL INSURANCE
Co claim staff = contractor, wear uniform own van but in Co's colour. Court stated is it contract FOR service.
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Discrimination + Duties
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Duties
Employee
SC - Skillful and competent manner, LR - obey lawful and reasonable command, GF - act in good faith
Employer
R - pay remuneration
W - provide work
GF - act in good faith
SS - safe system of work
CS - comply statutory obligation
IE - indemnify employee