Law Course Work - Case Study Essay Example | Topics and Well Written Essays - 2500 words

Law Course Work - Case Study - Essay Examplecedures agreements and different alternative methods of resolving disputes about employment rights to provide for the adjustment of awards of compensation for unfair dismissal in cases where no use is made of internal procedures for appealing against dismissal to make provision about cases involving both(prenominal) unfair dismissal and disability discrimination and for connected purposes, (Crown Copyright. 1998).In Emily Worths case, a run across was set on 17 July 2006, of which Worth was informed about in July 16, 2006. She was later handed a earn hours prior to the meeting signed by Head Teacher Pat Butcher alleging charges against Emily of Abandoning your class, swear and using abusive language, and refusal to co-operate with the legitimate management decisions of the Head Teacher and behaving in an unreasonable and unprofessional manner. The letter likewise stated that the alleged offences were if proven would amount to gross mi sconduct.In fact, gross misconduct which may merit instant dismissal requires acts such as failure to comply with reasonable and lawful instructions, theft, sales agreement or consumption of alcohol, physical assault, breach of duty of confidentiality, sexual or racial harassment, fighting, and willful handicap to an employers property, or attending work under the influence of prohibited drugs. The mentioned acts may not be easy lay but it has alship canal been lawful that a proper investigation essential be conducted of which the employees may also appeal.Emilys case will have to be evaluated based on applicable law, rules and regulations and jurisprudence. In this matter, the disciplinary hearing has to prove that due process has been undertaken prior to dismissal of Emily Worth.There are two ways to show that a dismissal was not unfair, of which the employer or its representative must have a binding reason for dismissing an employee or that they have acted reasonably in th e circumstances in that an adequate investigation must have been