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dismissal - Coggle Diagram
dismissal
termination of the contract of employment
Disciplinary hearing is a informal way, in which the employer gathers facts on a certain behaviour of the employee
When the employee is this means that the employer, it's not satisfied with his behaviour is a subordinate worker
Dim floor, yet shuffle warfare procedure, and first communicate to the employee that he is going to be sacked
s. 98 of the ERA
some fair reasons for dismissal
conduct
violence
abuse
theft
capability
I believe S10, please, unable to do his job properly
Redundancy
statutoryrestriction
Driver loses his license
Reasonable grounds
He would be scrutinised by the employment tribunal case by case
Retirement of the employee
Employer must follow two stages procedure
on the means the must be lawful
in the phase of the decision
Remedies for unfair dismissal
• “Reinstatement” requires the employer to treat the employee as if they had never been dismissed – in other words the employee gets their previous job back. “Re-engagement” requires the employer to re-engage a claimant in employment that is comparable to the job from which they were dismissed.
compensations
Compensatory awards ERA 1996, ss117-127A
• Basic award: a fixed sum calculated to a set formula.
• Compensatory award: compensation for the money you’ve lost as a result of losing your job.
• Additional award (only in relation to reinstatement and re-engagement orders)
summary dismissal
in special circumstances
o Summary dismissal
Justified only in exceptional circumstances.
Takes place immediately.
Any rights an employee may have may be claimed by action for damages for breach of contract.
Examples:
• Gross misconduct
• Wilful refusal to obey a lawful and reasonable order
• Gross neglect
• Dishonesty