Unfair Dismissal Due to Corruption

This assignment requires legal advice on a case of unfair dismissal due to alleged corruption. The employee was dismissed without justification or fair compensation, potentially violating European Commission and Data Protection Act guidelines. The judicial party ruled in favor of the employer despite evidence suggesting an unfair decision influenced by corruption. The task is to provide advice for further legal proceedings, including potential support from a medical expert regarding the claimant's mental capacity during previous proceedings.

Legal letter

LEGAL LETTER
Senior employment lawyers
Name: __________________
Address: ________________
Date: _________________
Subject: Advice on corruption for unfair dismissal
In accordance with the provisions described under Official Journal of the European
Commission (OJEC) C325/40 24.12.2002, employers has legal obligation to respect equality
among employees and provide them fair wages supported by guidelines of national minimum
wages. Further, employers have obligation to protect information provided by employees and
customers from misuse. These guidelines are stated by rules described in Data Protection Act. In
the cited case, judge had provided unfair decisions without clarifying the grounds of the provided
decision. Decision given by judicial party is supported by corruption charges by employer. It is
because, employer had not complied with the standard procedure for dismissal. In this aspect,
provisions of DPA states that provided information should be fair and lawful.
In this case, employer had dismissed their employees without providing justified
background. In addition to this, employee was also not paid in accordance with the guidelines
given in national minimum wages. Case facts of the scenario clearly depicts that there has been
contradiction to the employment rules described by Official Journal of the European
Commission (OJEC) and Data protection Act. Despite of these facts, judicial party is UK had not
provided the fair decision as award was in favour of defendant instead of claimant.
Judicial party in this case had taken benefit of uncertainties in dismissal rules in which
success of legal proceeding is based on the burden of proof. Considered approach by court
authorities is completely unfair for the claimant as she was deprived from her fundamental rights
and still she is not in position for the recovery of damages.
By considering the described aspect, kindly provide advise for further legal proceedings
to the claimant by which she can attain fair judgement. This proceeding will be supported by
letter from medical expert in which assurance will be provided that claimant had lacked mental
capacity in previous proceedings due to which she was not able to ask advise for the cited issue.
Thanks
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Name: ___________
Address: _____________
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REFERENCES
Books and journals
Gennard, J. and Judg, G., 2005. Employee relations. CIPD Publishing.
Stone, K. V., 2015. Employment and Labor Regulation in Industrial Countries. International
Encyclopedia of the Social and Behavioral Sciences, 2nd Edition, James Wright, editor,
Elsevier. pp.14-07.
Online
Consolidated version of the treaty establishing the European community. 2002. [Pdf]. Available
through <http://frontex.europa.eu/assets/Legal_basis/12002E_EN.pdf>. [Accessed on
14th March 2016].
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