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Employment law.

Provide a legal opinion on a wrongful dismissal case based on client interview facts and applicable case law.

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Added on  2023-04-07

Employment law.

Provide a legal opinion on a wrongful dismissal case based on client interview facts and applicable case law.

   Added on 2023-04-07

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Employment law
Employment law._1
Table of Contents
Question - 1................................................................................................................................2
Question – 2...............................................................................................................................2
Question - 3................................................................................................................................3
Question - 4................................................................................................................................3
Question - 5................................................................................................................................4
References..................................................................................................................................5
1
Employment law._2
Question - 1
Mike was working for a long term of two years and ten months at Unique Homes Co., a small
architectural company. Mike was very sincere regarding his job and there was no deficiency
from his part. His employer terminated from the job without giving him any reason for the
same. Mike was also not given a notice period. Terminating an employee without adequate
notice leads to wrongful dismissal for which Mike can sue his employer. Mike is also entitled
to receive sum in lieu of notice period from his employer (Kirton & Madunic, 2009). In order
to determine the period of notice the Court has led out certain legal principles, on their basis
the period of notice has to be determined. They are nature of the employment, the length of
service of the employee, the age of the employee and the availability of like employment in
reference to the experience, and qualifications of the employee.
Question – 2
Minott v O'Shanter
Fact
The plaintiff here was working as a maintenance worker under the defendant for eleven
years. He was a good worker but was suspended for two days after a minor dispute with the
supervisor. He did not report to work the next day following his suspension and was
summarily dismissed by the employer (Stringerllp, 1999).
Issues
The issue arises in the case is that if an employee is fired without any cause, should the court
calculate the notice period using the rule of thumb approach? Has the court established a
maximum limit of twelve months notice for all non-managerial or non-supervisory
employees? The trial judge awarded Minott dmgs that is equal to thirteen months salary, was
he wrong?
Decision and Reasons
2
Employment law._3

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