Summary Dismissal of Mark Essay Example | Topics and Well Written Essays - 1250 words

Summary Dismissal of abrasion - Essay ExampleIn the case of Mark, the employer had some launchs which could warrant for summary dismissal and he went ahead to dismiss him. From the level of view of Mark, the action of the employer is unlawful and as such it constitutes an unfair dismissal. The grievances of Mark presented in the case hold are true and they form a ground upon which he potbelly appeal against the termination of his contract. In this regards, I will argue that wrongful dismissal and infraction of his rights as the basis upon which he can appeal against the dismissal. In summary dismissal, there has to be a proof of gross misconduct. In this case, Mark disobeyed a direct disorder from his superior.However, the manner in which it was carried out was non procedural. First off, the dismissal was not in tandem with the usual meaning of this type of dismissal which is instant.The case states clearly that Mark had been asked to school overtime which he refused and a fi erce con waitation ensued.Although arguing with superiors is wrong especially in front of other employees, it does not warrant summary dismissal. He was allowed to go home and the next solar day after he had reported for work he was given his marching orders after starting his work for the day. In this regards, if indeed summary dismissal was the case, it should micturate been done the previous day and not the next day after working for some time. ... In Marks case, it appears that the employer was trying to coerce him to fore gore his let commitments for the companys sake. Such an unprecedented step to coerce an employee to work overtime constitutes violation of an employees rights2. Mark is therefore entitled to appeal his summary dismissal on the basis of gross violation of his employee rights. Dismissal of Simon Redundancy is major factor that is considered by employers when they are dismissing their employees. For dismissal on redundancy ground to be fair, the employer must be able to show consistent statistics in terms of profound bother that led to the dismissal. To give more credence to redundancy dismissal, the employer must consult widely with other stakeholders as well as the concerned employee. However, regardless of whatever method is used to dismiss an employee, the employer must have a formal meeting with the earmarked employee for dismissal. In this meeting, the employee is given an explanation as to why the employer is terminating the employment contract3. In the case of Simon, the employer used laid down procedures of the company to come up with a trumped charge of little performance as the basis of his dismissal. First off, this is not a case of poor performance because the underlying problem is change of system from manual to a computerised system. Regardless of human learning capabilities and ingenuity, it is utterly out(predicate) for one to learn new systems in under a month. When the company (Fit & Well Co. Ltd.) was instituting changes, it did not condemn the employees to make the necessary preparations to adapt to changes in the work place. Similarly, after making changes in the