Employment Law Essay Example | Topics and Well Written Essays - 3000 words - 6

Employment Law - Essay ExampleBut if however, there argon no norms that could force Richard to effect in an area, or department which he is non supposed to work in the normal course of his duties, the subsequent developments and his departure could perhaps be viewed as an below the belt dismissal, depending upon what constitutes below the belt dismissal in the context of this case and the contractual agreement between Richard and his employerFurther it is seen that a dismissal could also be termed as an unfair one, If your employer dismisses you for exercising or trying to exercise one of your statutory (legal) consumption rights which include, interalia An employeesstatutory employment rights include a right to a written statement of employment particulars. (Employment unfair dismissal, n.d.).Thus, it could be said that indiscipline arouse because Richard was asked to work in a department which was outback(a) his job description.. In the event there is a contract of employmen t between Richard and his employer, it would specifically specify the kind of work that Richard would be expected to do, and dismissing him on ground that he refused to do work which he was not expected to do in the first place, could be viewed as a kind of unfair dismissal. The fact of indiscipline (walking out of the office) has been a natural consequence of Richard being asked to do work that was not really needed of him to perform, and he could hardly be held responsible for it. Another factor that is favourable for Richard is that he has been working for the last ten years or so, which speaks well of his long term employment bob record.Further, under Section 98 (1) (a) of ERA 1996, it is necessary for the employers to exhibit the causes for their decision to dismiss the said employee, and once more under Section 98 (4) (a), having complied with Section 98(a), the fact whether the decisions was reasonable or unreasonable depends (a) on whether in the circumstances (including the size and administrative