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

Law Course Work - Case Study - Essay Examplecedures agreements and other alternative methods of resolving disputes near employment rights to provide for the readjustment of awards of compensation for partial tone ending in cases where no use is made of internal procedures for appealing against dismissal to make provision about cases involving both unfair dismissal and disability discrimination and for connected purposes, (Crown Copyright. 1998).In Emily Worths case, a meeting was set on 17 July 2006, of which Worth was informed about in July 16, 2006. She was later handed a letter hours prior to the meeting signed by Head Teacher Pat Butcher alleging charges against Emily of Abandoning your class, swearing and victimisation abusive language, and refusal to co-operate with the legitimate management decisions of the Head Teacher and behaving in an un driveable and unprofessional manner. The letter also stated that the alleged offences were if proven would amount to piggy miscondu ct.In fact, gross misconduct which may merit instant dismissal requires acts such as failure to comply with reasonable and lawful instructions, theft, sale or consumption of alcohol, physical assault, breach of duty of confidentiality, sexual or racial harassment, fighting, and willful damage to an employers property, or attending work under the influence of prohibited drugs. The mentioned acts may not be exclusive but it has always been lawful that a proper investigation must 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 valid reason for dismissing an employee or that they have acted reasonably in the circumstances in that an adequate i nvestigation must have been