Wrongful dismissal and summary dismissal: Law problem style question

Essay by hanamiUniversity, Bachelor'sA-, June 2005

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"Flighty works for Bossman an Co. as a sales assistant. Although the quality of his work has been satisfactory, he has a rather quick temper and is given to disagreeable behaviour. One morning, Flighty was asked by the store manager to help another colleague to stock the drinks shelf. He replied, 'Two fingers to your drinks shelf, and that goes for you too!" He then stormed off, pushing ast a customer. Bossman's general manager, hearing about Flighty's behaviour has decided that such attitude as Flighty's has no place in their company. She calls Flighty into her office and tells him that he is no longer welcom in the company."

Advise Flighty and Bossman & Co. of their rights and obligations.

The material facts of the problem in hand suggest a number of legal issues to be addressed:

(a) Has a dismissal taken place, which falls under statutory definition of dismissal?

(b) Is the summary dismissal justified?

(c) Is there a possible vicarious liability arising from assault?

(d) What are the remedies available?

To advise Flighty and Bossman and Co.

in respect of a possible wrongful dismissal, it is necessary to consider not only the common law aspects of contracts of employment but not withstanding that we will not be considering unfair dismissal remedies under statue, we must consider the statutory requirements for employment contracts.

The law governing the issues identified is found in common law and statute, with guidance also given by relevant codes of practice. The main statute is the Employment Rights Act 1996. Although statue has largely superseded common law, where there has not been a decided case on similar facts under the statute, the court or tribunal will look to earlier common law cases. Non-statutory materials such as Codes of Practice and handbooks issued by competent...



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