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The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Discuss.
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| Submitted: Tue Jun 20 2006
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The measure of success of any law of the termination of employment is the extent to which re-employment is attained where appropriate. By this measure, the law of both wrongful dismissal and unfair dismissal must be judged a failure. Critically discuss the above statements. When the Industrial Relations Act 1971 introduced a right to claim unfair dismissal, it filled a sorry gap in the common law. Unlike civil law systems, the courts had not qualified the presumption in contracts of employment that an employer could dismiss an employee for any reason whatsoever, in any manner the employer chose, provided that reasonable notice was given. The Act permitted employees to challenge for the first time both the grounds and the manner of dismissal, and, if their challenge was successful, to receive 'just and equitable' compensation. It is now found in Section 94 of EAR 1996 proclaims that, subject to exceptions - 'an employee shall...
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