Final Ch. 19

Question 1

3 ways which the employer may bring an employment contract to an end

Answer 1

1. wrongful dismissal
2. unfair dismissal
   3 redundancy

Question 2

wrongful dismissal

Answer 2

if contract of employment is terminated by employer without the appropriate notice time

Question 3

summary dismissal

Answer 3

dismissal without notice due to gross misconduct of the employee

Question 4

remedies for wrongful dismissal (2)

Answer 4

1. earnings lost during notice period

2. commissions which they would have normally earned

Question 5

unfair dismissal

Answer 5

dismissal which cannot be justified as fair by the employer

Question 6

eligibility to claim unfair dismissal (2)

Answer 6

1. employed for at least one year

2. employee must prove that they have been dismissed

Question 7

actual dismissal

Answer 7

employer tells employee that he or she is dismissed

Question 8

constructive dismissal

Answer 8

the employee resigns claiming that the employers behaviour made it impossible for them to stay

Question 9

deemed dismissal

Answer 9

an employee that has been on leave but has given appropriate notice that they want to return is dismissed if the employer refuses to let her resume her job

Question 10

proving the unfairness lies with the employer, employer must prove (2)

Answer 10

1. grounds for dismissal

2. in the circumstances it was fair

Question 11

grounds for dismissal (5)

Answer 11

1. lack of qualification or capability
2. misconduct
3. redundancy
4. statutory restriction
5. retirement

Question 12

remedies for dismissal (3)

Answer 12

1. reinstatement
2. re-engagement order
3. compensation

Question 13

compensation (3)

Answer 13

1. basic award
2. compensatory award
3. additional award

Question 14

basic award

Answer 14

to cover loss of income

Question 15

compensatory award

Answer 15

the losses arising from the dismissal if it is the fault of the employer

Question 16

additional award

Answer 16

damages awarded against an employer who fails to comply with an order to re-engage or reinstate

Question 17

redundancy

Answer 17

an employees job ceases to exist because the employer restructures business practices to carry on business or closes location where employee works

Question 18

redundant employee can claim (2)

Answer 18

1. redundancy payment (calculated like basic award)

2. unfair dismissal

Question 19

transfer of undertakings

Answer 19

a new employer takes over an existing business