Case Study: Legal Analysis of Unfair Dismissal and Recommendation

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Case Study
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This case study examines a scenario involving the unfair dismissal of an employee, Anita, from the ABC theater. The analysis focuses on the legal implications of the situation, where Anita mistakenly took 50 Euros from ticket sales and was subsequently fired after confessing her mistake. The study highlights the absence of proper dismissal procedures, the lack of ethical grounds for termination, and the violation of employee rights. The analysis references legal frameworks, including unfair dismissal laws and employment regulations, to support its arguments. The case study concludes that the dismissal was unfair and unethical, recommending that the theater implement a structured legal framework, clearly defined roles, and adhere to employment laws to prevent such occurrences in the future. The document also includes relevant references supporting the analysis.
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Case study
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Table of Contents
Case study........................................................................................................................................1
Conclusion and recommendation....................................................................................................1
REFERENCES................................................................................................................................2
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Case study
From the case study, it can be analyzed that Anita took 50 Euros from ticket sales and put
in into her purse. Then, suddenly at end of day after counting total sales, she remembered that
she has done this by mistake and apologized for it but was fired. So, it can be stated that Anita
was fired on basis of unfair dismissal. It can be clearly seen that in meeting with the manager of
theatre Anita said that she put 50 Euro note in her purse by mistake and confessed this in front of
her manager (Davidov and Eshet, 2015). Moreover, it has been noticed that Bryony who is
cashier is not having any authority to fire or dismiss anyone from job. In this case manager
Abdul was having authority to take action or fire someone. In addition before dismissing anyone
there are some procedure which has to be followed.
In this case unfair dismissal law is applicable. It is because ABC theater is not having a
valid reason to dismiss Anita. She has just done a mistake and realized it but then also she is
fired from her job. Another reason for its applicability is there is no proper procedure followed in
dismissal. There were no proper policies formed by theater and no rules and regulation on basis
of which dismissal is done. So, due to these reasons unfair dismissal laws is applied.
There are several legal issues which must be followed. It is described as below :-
As per UK legislation a notice has to be given to employee before dismissal. The notice
period is generally of one month.
The reason of dismissal must be ethical or legal. It should be informed to both
management and candidate.
The manager or authority is having right to dismiss any employee from his or her job.
In context to case study, there is no such case on Anita. It is because she already
confessed her mistake in front of manager and at right time (Southey, 2015). also, she did it by
mistake. Besides this, she must go to court due to unfair dismissal. Furthermore, she can take
help of labor union to fight against unfair dismissal. It will help her to retain back job.
Conclusion and recommendation
It can be concluded that Anita was dismissed on unfair means. She has done a mistake
and apologized for it. but still she was fired. There was no proper procedure followed and no
rules and regulations exist. Anita was fired in unethical way.
Recommendation
1
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The theater must follow some recommendation which is as follows :-
They should form a proper legal structure which will include guidelines on what basis
and how a person must be dismissed.
The manager and staff must be assigned roles and responsibilities. Each staff must be
given equal right.
They should follow all laws related to employment so that action are taken accordingly.
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REFERENCES
Books and journals
Davidov, G. and Eshet, E., 2015. Intermediate approaches to unfair dismissal
protection. Industrial Law Journal, 44(2), pp.167-193.
Southey, K., 2015. Unfair dismissal for Australian workers: the hundred-year journey. Asian
Academy of Management Journal, 20(1), p.147.
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