StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Kevin's Dismissal - Case Study Example

Cite this document
Summary
The issue for Kevin with respect to his letter of dismissal from his employer Davis Wigets is whether or not the dismissal was fair. Action taken by an employer is always examined with reference to the employer's responsibilities toward his or her employees and whether or not that action is fair and reasonable in all the circumstances of the case…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER95.4% of users find it useful
Kevins Dismissal
Read Text Preview

Extract of sample "Kevin's Dismissal"

Download file to see previous pages

Davis' company rules define such conduct as gross misconduct with the result that the employee in question is subject to summary dismissal. This kind of conduct is considered gross conduct since the employer considers that machinery should be operated by a specific number of employees. The first issue is therefore whether or not such a standard and rule by Davis is fair and reasonable. Having regard to onerous duty placed upon the employee by virtue of Section 2 of the Health and Safety at Work Act 1974, such a standard and rule is fair and reasonable in the circumstances.

Section 2(2) provides as follows: ".the matters to which that duty extends include, in particular - the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; the provision of such information, instruction, training and supervision as is necessary to ensure, so employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.

"1 This statutory duty on the part of the employer was preceded by a common law duty to provide for the health and safety of all employees.2 The House of Lords held in Wilsons & Clyde Coal Co. Ltd v English [1937] 3 All ER 628 that the duty was "personal to the employer."3 The duty to provide a safe place of work is for the safety of all employees and the nature of both the statutory and common law duty is such that it gives rise to what might be a strict liability. Having regard to the consequences of a breach of such duty it is not unfair nor is it unreasonable for Davis to have in place rules that require a designated number of employees to operate its machinery.

It is assumed that should the machinery be under operated it could render the machinery unsafe with the result that Davis is liable for any resulting harm to its employees. Moreover in 1993 the Management of Health and Safety at Work Regulations 1992 were implemented and fortified the nature of the employer's duty to provide a safe and healthy workplace. Upon a broad interpretation of the 1992 Management of Health and Safety at Work Regulations that duty is unquestionably a strict duty. The 1992 regulations imposes upon the employer a continuing duty to ensure that all health risks are eliminated or at the very least minimized.

This continuing duty is necessary:".for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed on him by or under the relevant statutory provisions."4 It therefore follows that the rule implemented by Davis to ensure that a specific number of employees operate machinery is fair and reasonable having regard to the statutory and common law duty to guard against risks to its employee's safety. Certainly Davis is entitled to take steps to ensure that the risk of harm associated with under manning the machinery is alleviated.

In Walker v Northumberland County Council [1995] IRLR 35 it was held that once an employer becomes aware of the risk to employees' health, the employer is duty bound to take steps to alleviate that risk.5 Obviously, Davis has decided to alleviate the risk of harm by designating wilful failure to report to the

...Download file to see next pages Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Kevin's Dismissal Case Study Example | Topics and Well Written Essays - 2500 words”, n.d.)
Kevin's Dismissal Case Study Example | Topics and Well Written Essays - 2500 words. Retrieved from https://studentshare.org/people/1514748-kevins-dismissal
(Kevin'S Dismissal Case Study Example | Topics and Well Written Essays - 2500 Words)
Kevin'S Dismissal Case Study Example | Topics and Well Written Essays - 2500 Words. https://studentshare.org/people/1514748-kevins-dismissal.
“Kevin'S Dismissal Case Study Example | Topics and Well Written Essays - 2500 Words”, n.d. https://studentshare.org/people/1514748-kevins-dismissal.
  • Cited: 0 times

CHECK THESE SAMPLES OF Kevin's Dismissal

Cricket as Sport Activity

Hobby – Some Sport Activity – Cricket by [Your Name] ENGL 2013-000 Professor [Name] [Date] As a sport, cricket is renowned all over the world and that too because of a number of reasons.... Its popularity is seen close to football and tennis.... It is famous in different regions of the world with special emphasis paid towards this sport in Australia, Northern Europe, Asia, Southern Africa and Central America....
7 Pages (1750 words) Essay

The Workplace Relations Amendment

The Workplace relations Amendment Act 2005 is one of the landmark legislations within the Australian industrial relation sector for over one hundred years now.... It was passed in 2005 and implemented in 2006.... The purpose of the bill was to make sure that workers could secure their jobs; this would serve as a platform for economic progress within Australia....
13 Pages (3250 words) Essay

Representation of Women in Plays

The play Les Femmes Savantes by Moliere and Mme.... de Sevigne's letters present similar yet somewhat contrasting representations of women.... While Moliere preponderantly depicts women who are marred by an over-abundance of learning, the letters written by Mme.... hellip; Sevigne describes women in a more balanced light....
6 Pages (1500 words) Book Report/Review

Fraud as a Common Unethical Issue

kevin's intentions were not for the good of the company, but for his personal satisfaction.... Phil is kevin's supervisor who has the authority to dismiss him on grounds of declining to perform duties (which is also a fraudulent activity by Phil).... Empress Luxury Lines' case depicts an issue of fraud....
5 Pages (1250 words) Assignment

Attorney General Alberto Gonzales: The Ethics Triangle

This paper "Attorney General Alberto Gonzales: The Ethics Triangle" discusses Attorney General Alberto Gonzales that has deviated from ethical behavior.... He has been motivated by blind loyalty to his political superiors and this characteristic has dominated all other traits of his character.... hellip; He has subordinated public interest to political expediency....
9 Pages (2250 words) Case Study

Attitudes Change and Its Influence

The narrator of this essay aims to tell that attitudes change mainly if the person instigating the change is persuasive in a way he or she can effectively connect with the audience and if the message is presented in a way that the audience can relate to and understand.... hellip; The researcher states that the justification of effort is all about the mentality that when people work hard for something, achieving it will become more meaningful and of greater significance than those that they have achieved with less effort....
8 Pages (2000 words) Essay

Discrimination Law in Great Britain

The study "Discrimination Law in Great Britain" concerns illegality for an employer in relation to a person whom he employs, to discriminate against that person in terms of employment, in the opportunities which he affords him for promotion, a transfer, training, or receiving another benefit, by dismissing him or subjecting him to any detriment....
9 Pages (2250 words) Case Study

The ACAS Guidelines or the Liability: the Purpose of Improving the Employment Climate

In this case, it is also apparent that the employer has failed to 'build up' written evidence against the employee with reference to the reasonableness of the action taken, that is, dismissal.... Though there is a breach of duty on the part of the employee the dismissal process was not handled by adopting standard procedures and was done in haste.... There is no question of dismissal here....
12 Pages (3000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us