在实际工作中,当严重不当行为或违反重要的雇佣合同时,即采用简易解雇。虽然雇主有权援引这种解雇,但必须有理由或借口。(查尔斯,2009岁。第534页)从技术上讲,雇佣合同违约行为的性质可以从一个案件到另一个案件有所不同。然而,作为一般原则,它似乎必须无视合同的关键条件。(国际劳工局,2000)
关于可能的结果,可以从两个方面进行分析。一方面,娜塔莎可以通过法律手段保护自己不受不公正的解雇。她可能在技术上对公司产生负面影响。然而,从简易解雇原则的角度来看,她不该受到这样的待遇。另一方面,Rocky和其他相关的管理人员应该对事故负责。作为主管,洛奇把工人置于危险的境地,对他们的安全没有足够的担心。在起重机的操作中,洛基命令他们在没有适当指示的情况下工作,受伤后他没有提供适当的治疗。由于违反合同规定,洛奇很可能被判有罪并对事故负责。(凯莉,海沃德,锤与亨迪,2011)
Case Study代写:简易解雇案例分析
With regard to the definition of summary dismissal, it generally refers to the employer’s act of terminating the employment contract without giving the employee any period of notice. (Daniels, 2004. p. 148) Different from an instant dismissal, which is not legally defined but unusually refers to the dismissal without any investigation or inquiry. While an instant dismissal appears to be procedurally flawed in unfair dismissal terms, a summary dismissal tends to be lawful under common law as well as statute. (Lewis & Sargeant, 2004. p. 139) Generally speaking, the contract is terminated as a result of the employee’s behavior of breaching the contract of employment. In the instant dismissal, the employer may act unlawfully because he chooses not to follow the common procedure. However, a summary dismissal can be lawful only when the employer has evidence of the employee’s breaching the contract of employment. (Grant, 2002, p. 102)
In practice, a summary dismissal is adopted when a gross misconduct or a violation of a significant term of the employment contract. Although employers have the right to invoke such dismissal, there must exist just case or excuse. (Charles, 2009. p. 534) Technically speaking, the nature of the behavior which invokes the breach of employment contract can be varied from one case to another. However, as a general principle, it must appear to have disregard for the crucial conditions of the contract. (International Labor Office, 2000)
With regard to the likely outcome, it can be analyzed from two aspects. On the one hand, Natasha can resolve to legal means to protect herself from unfair summary dismissal. She may technically create negative effect on the company. However, from the perspective of principles of summary dismissal, she doesn’t deserve such treatment. On the other hand, Rocky the supervisor and other relative managers should be responsible for the accident. As the supervisor, Rocky puts workers in a dangerous situation without enough concerns about their safety. In the operation of the crane, Rocky orders them to work without proper instruction, and after the injury he fails to provide appropriate treatment. Due to the breach of the contract service, Rocky is likely to be found guilty and responsible for the accident. (Kelly, Hayward, , Hammer & Hendy, 2011)