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 noticethe 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 maximumlimitoftwelvemonthsnoticeforallnon-managerialornon-supervisory employees? The trial judge awarded Minott dmgs that is equal to thirteen months salary, was he wrong? Decision and Reasons 2
End of preview
Want to access all the pages? Upload your documents or become a member.
Business Law Assignmentlg...
Isobel's Claim of Unfair Dismissal and Termination by Barrylg...
Business and Employment Lawlg...
Employment Law Courseworklg...
Corporation and Business Lawlg...
Unfair Dismissal under Common Law and Fair Work Act 2009lg...