Employment law Essay Example | Topics and Well Written Essays - 1500 words

Employment law - Essay ExampleThe employer is unavoidable to prove just because as a reason for discharge, which requires him to show proof that the employee has been habitually found to engage in misconduct that eventually resulted in the current dismissal and this may require the tabling of warning letters or specific directives in a court of law. When an employee is discharged base on Just urinate principle, the employer is not obliged to try bill to the dismissed employee nor is the employee entitled to any pay in lieu of notice. However, certain occasions, the employer may be required to furnish the dismissed employee with reasons for the dismissal. An employee whose service has been terminated by dint of wrongful dismissal may seek remedies through the help of courts of law. Under the familiar law, such(prenominal) employees can be reinstated to their previous jobs or places of work. As virtually employment relationships ar contractual in nature, the courts of law wo uld around instances determine cases of unfair dismissal based on the principles grounded in contract law. This requires the employers to compensate the wrongly dismissed employee for the earnings and benefits lost during the reasonable pointedness of time they would dedicate been in employment if the notice was pass watern in good time. Under the Wallace Cause established in the case of Wallace v United Grain Growers Ltd, the courts established that the employer is under an obligation to give ample notice period of the intention to dismiss an employee and any contravention of this, the courts can extend the dismissal period. This effectively makes employers who act in bad faith by being untruthful and end up dismissing their employees liable for such dismissals. The damage awarded is commensurate with the bad faith demonstrated by the employer and are compulsive as the determination of other damages in cases involving morals. The damages are calculated from the date the employ ee was dismissed according to the equipment casualty expressed in the contract itself. The computation of damages will include pass judgment earnings, benefits and any other compensation the dismissed employee would have earned if a reasonable period was given. The common law allows for a negotiation of a reasonable period duration statutory provisions provide fixed notice periods for notice to dismiss. In summary, a wrongfully dismissed employee is entitled to payment that could have been earned had a reasonable notice period be issued inclusive of any awards in salary increment that may be effected in the period after dismissal and other benefits such as commissions and overtimes. Other benefits that accrue to employees in the course of employment such as houses of residences, insurance and mortgages must(prenominal) be duly paid or given to him. Case Study 2 There are many tests for distinguishing an employee from an independent asserter. It is important to note that all th ese tests look at the substance or what occurred in such employment relationship rather than what is written in a particular contract. The first and most important test is the level of control that the hiring person has over the performance of the work in terms of place, time and the manner in which it is done. An individual who does not have the control over such aspects is an employee while the vice versa in terms of control refer to an independent contractor. The risk test provides that the independent contractor bears risks that come with the performance o