Essay on Employment Law

Abstract

This report aims to create elaborative and comprehensive recommendations concerning the dismissal of employees from Kurt Takis company without termination. The information includes all the principles and considerations the claimants should follow before the tribunal court reaches a final decision. In this report, the student is expected to understand the essential functions of employment law and how it safeguards employees’ rights. Also, the learning should understand how employees relate with employers as far as employment law is concerned.

Introduction

Employment law is a broad area of law that outlines and sets out the principles used during employees’ employment. The law demands all the private sectors and any other companies to observe and respect employees’ rights[1]. In this case study, the primary purpose of this report’s preparation is to make sure that Kurt Takis company operates within the stipulated laws. In this scenario, Kurt Takis company must engage in the employment law since the law states that any company dealing with more than one employee must be examined by the tribunal law. Following the requirements and expectations of employment law, the tribunals should be conducted to settle the issues concerning sucking and misusing the companies’ works[2]. She is basing the scenarios that happened in the Kurt Takis company; the following recommendations are made[3]. According to the Civil Rights Act of 1964, employment law proscribes any form of employment discrimination regarding personal race, gender, or even color. This act stipulates anybody can work in any company so long as he/she meets the qualifications need for the job. [4]

Recommendations, principles, and considerations

According to the court proceedings Act of 1992 in America, if the company dismisses an employee from work without reason, the employee should seek their reason for being ignored.[5] According to this report, the employees should present their claims to the tribunal according to the employment law. The company needs to appreciate the positive efforts and contributions made by the employees. Additionally, the company should not take advantage of sucking the employees following the emergence of the pandemic. Instead, I recommend that the company provide employees with protections[6]. The provisions of the basic protections to the employees will maintain the Kurt Takis company’s constant development. They should use ethical and reasonable approaches to present their cases to the private international law society to the claimants. According to the court tribunal, the employer must inform the employees of the purpose and why the employee dissevers a specific disciplinary action[7]. But the case of Kurt Takis seems to be different than what the employment law demands. Another recommendation and principle that the dismissed employees can use are through the labor lawyers’ approach. In this, the lawyers will perform court tribunals concerning the dismissal of the employees without notice. According to the National Labor Relations Act, all the formalities create ethical and reasonable interactions between employers and employees, either private companies or public businesses[8]. Therefore, this act recommends all the employees report any cases concerning the work’s dismissal without reasonable notice[9]. Labor lawyers will investigate and oversee why Manjit has been dismissed from the company despite working for an extended period.

Consequently, the employment law should be fair enough to investigate why Manjit does not entail annual leaves[10]. Following this fundamental principle, the claimants will get the right and impartial court tribunals. In this case, Kurt Takis company should understand that Manjit, despite being an artisan in the company, there are employment laws that safeguard his rights[11]. The scenario of dismissing the Manjit from work without explicit and reasonable consent is against civil rights. According to the Barratt Act2010 UKSC 41, the tribunal court specified that any employee’s dismissal should be done through the latter containing effective termination dates. Basing the facts from court rulings, Kurt Takis company contravenes the law by dismissing Manjit from the company without issuing the latter, indicating the reason and grace period for the termination[12]. As the senior trainee supervisor, I recommend that Manjit be the claimant; he should use the same principle to know why he was dismissed from the company.

To satisfy the need of claimants, in this case, the tribunal must contact the Acas before submitting the complaints to the employment tribunal[13]. To respond to the second scenario, this report addresses all illegal abuses which employment law revokes. Specifically, the law provides inclusive civic rights that shall be followed when there are employment claimants in the company. In this case, the private international law is applied in the court tribunal. As we are aware, private international law defines the difference between public and private companies. It is the employment law’s work and functions to safeguard and protect the results’ working rights. This report’s main aim is to basically give the way forward to the Manjit as the employee to seek the reason why he was sucked from the company even without termination. This report provides elaborative principles and procedures for all the works in the three scenarios to present them complaints[14]. Basing this report, compressive recommendations must be made to ensure that the employees are not tortured in the working process[15]. The guidance clearly outlines the possible ways the claimants should use to appear before the tribunal courts.

In addition, the recommendations of this report elaborate under which circumstances the claimants should appear before the court if his/her rights are misused[16]. It’s the responsibility of the tribunal to take the following considerations before giving the final verdict. The tribunal should consider if the employee’s dismissal from the company was ethical and according to the active civil rights. The National Labor Relation Act stipulates that the employee must be issued with a letter of dismissal indicating the release’s reason and termination date[17]. Therefore, in these scenarios, the tribunal courts must put these acts into considerations. If the tribunal considers all these without omission of any employment law, then there will be fair and ethical judgment to the claimants, thus reaching the final decision. For the tribunal courts to have reasonable and appropriate case proceedings, all these factors must be considered. Another consideration the tribunal courts need to be aware of in this employment law is the ideological differences between the supervisors and local workers[18]. The court should investigate the reason why the Manjit was abused by the senior when he was late. According to the employment law, this is employee assault, and it is not accepted. Therefore, for tribunal courts to render a fair verdict, they have to consider that action; this will help the court reach the final decision.

Conclusion

In conclusion, employment law is a broad legislative law that ensures workers’ rights and working conditions are observed. It is a unique law that provides all court tribunals to consider the claimants’ factors and principles before reaching the final decision. This report focuses solve the issues of dismissal of employee firm Kurt Tikas company without consent reason.

References list

Primarily sources

Books

Ziegler, J.K., 2000. Employment Law-An Employer’s Duty to Third Parties When Giving Employment Recommendations-Davis v. Board of County Commissioners of Dona Ana County. NML Rev., 30, p.307.

Clermont, Kevin M., and Stewart J. Schwab. “Employment discrimination plaintiffs in federal court: From bad to worse.” Harv. L. & Poly Rev. 3 (2009): 103.

Moss, S.A., 2017. The Value of the Statement of Employment Law, Based on 50-State Empirical Analyses and the Importance of Clarifying Disputed Issues-But with Caveats about the Restatement’s Imperfect Work Product. Emp. Its. & Emp. Polly J., 21, p.409.

Lemus, Claudia. “The Adoption of Specialised Competition Tribunals in Latin American Countries: Lessons from Mexico.” Ph.D. diss., Queen Mary University of London, 2020.

Crooks, V. A. (2007). Women’s experiences of developing musculoskeletal diseases: Employment challenges and policy recommendations. Disability and Rehabilitation, 29(14), 1107-1116.

Czepita, S., 2021. Polish Legislative Procedure and the Role of the Polish Constitutional Tribunal from the Perspective of the Theory of Conventional Acts and Formal Acts in Law. In Poznań School of Legal Theory (pp. 231-248). Brill Rodopi.

Sardinha, E., 2020. Protecting Cultural Heritage in International Investment Law: Tracing the Evolution and Treatment of Cultural Considerations in Recent FTAs and Investor-State Jurisprudence. Handbook of International Investment Law and Policy, pp.1-25.

Journals

O’Sullivan, M., Turner, T., Kennedy, M. and Wallace, J., 2015. Is individual employment law displacing the role of trade unions?. Industrial Law Journal, 44(2), pp.222-245.

Salzman, Z., 2020. Liquidated Damages Clauses in Employment Agreements. ABA Journal of Labor & Employment Law, 34(2), pp.239-251.

Scoff, M.Z., and Owen, C.L., 2004. Content guidelines for an undergraduate human resources curriculum: Recommendations from human resources professionals. Journal of Education for Business, 80(2), pp.80-85.

Cases

Zimmer, M., Sullivan, C.A. and Whit, R.H., 2020. EMPLOYMENT DISCRIMINATION: Selected Cases and Statutes 2017 Supplement. Aspen Publishers.

Dundon, T., Lucio, M.M., Hughes, E., Howcroft, D., Keizer, A., and Walden, R., 2020. Employment law cases. In Power, politics, and influence at work. Manchester University Press.

Painter, R. and Holmes, A., 2015. Cases and materials on employment law. Oxford University Press, USA.

Reisman, W.M., 2013. ‘Case Specific Mandates’ versus ‘Systemic Implications’: How Should Investment Tribunals Decide?: The Freshfields Arbitration Lecture. Arbitration International, 29(2), pp.131-152.

Ranaldi, V., Equal Treatment and the Administrative Tribunal of the International Labour Organisation: Recent Case Law Concerning Discrimination against temporary workers.

King, P., Baker, G., Jones, B., and Ingham, T., 2021. The Official Information Act: Maori with Lived Experience of Disability, and New Zealand Disability Data: a case study. Policy Quarterly, 17(1).

[1] O’Sullivan, M., Turner, T., Kennedy, M. and Wallace, J., 2015. Is individual employment law displacing the role of trade unions?. Industrial Law Journal, 44(2), pp.222-245.

[2] Clermont, Kevin M., and Stewart J. Schwab. “Employment discrimination plaintiffs in federal court: From bad to worse.” Harv. L. & Pol’y Rev. 3 (2009): 103.

[3] Lemus, Claudia. “The Adoption of Specialised Competition Tribunals in Latin American Countries: Lessons from Mexico.” PhD diss., Queen Mary University of London, 2020.

[4] Coetzer, N. and Thema, M., 2020. The Labour Court disposes of another hopeless case (and sanctions the attorneys): employment law. Without Prejudice, 20(1), pp.40-43.

[5] Zimmere, M., Sullivan, C.A. and Whit, R.H., 2020. EMPLOYMENT DISCRIMINATION: Selected Cases and Statutes 2017 Supplement. Aspen Publishers.

[6] Dundon, T., Lucio, M.M., Hughes, E., Howcroft, D., Keizer, A. and Walden, R., 2020. Employment law cases. In Power, politics and influence at work. Manchester University Press.

[7] Goldberg, J. and Wilkinson, G., 2020. Case law emanating from COVID-19 in the employment space: employment law-COVID-19. Without Prejudice, 20(7), pp.17-18.

[8] Salzman, Z., 2020. Liquidated Damages Clauses in Employment Agreements. ABA Journal of Labor & Employment Law, 34(2), pp.239-251.

[9] Painter, R. and Holmes, A., 2015. Cases and materials on employment law. Oxford University Press, USA.

[10] Moss, S.A., 2017. The Value of the Statement of Employment Law, Based on 50-State Empirical Analyses and the Importance of Clarifying Disputed Issues-But with Caveats about the Restatement’s Imperfect Work Product. Emp. Rts. & Emp. Pol’y J., 21, p.409.

[11] Ziegler, J.K., 2000. Employment Law-An Employer’s Duty to Third Parties When Giving Employment Recommendations-Davis v. Board of County Commissioners of Dona Ana County. NML Rev., 30, p.307.

[12] Sincoff, M.Z. and Owen, C.L., 2004. Content guidelines for an undergraduate human resources curriculum: Recommendations from human resources professionals. Journal of Education for Business, 80(2), pp.80-85.

[13] Crooks, V. A. (2007). Women’s experiences of developing musculoskeletal diseases: Employment challenges and policy recommendations. Disability and rehabilitation, 29(14), 1107-1116.

[14] Reisman, W.M., 2013. ‘Case Specific Mandates’ versus ‘Systemic Implications’: How Should Investment Tribunals Decide?: The Freshfields Arbitration Lecture. Arbitration International, 29(2), pp.131-152.

[15] King, P., Baker, G., Jones, B. and Ingham, T., 2021. The Official Information Act: Maori with Lived Experience of Disability, and New Zealand Disability Data: a case study. Policy Quarterly, 17(1).

[16] Ranaldi, V., Equal Treatment and the Administrative Tribunal of the International Labour Organisation: Recent Case Law Concerning Discrimination against temporary workers.

[17] Czepita, S., 2021. Polish Legislative Procedure and the Role of the Polish Constitutional Tribunal from the Perspective of the Theory of Conventional Acts and Formal Acts in Law. In Poznań School of Legal Theory (pp. 231-248). Brill Rodopi.

[18] Sardinha, E., 2020. Protecting Cultural Heritage in International Investment Law: Tracing the Evolution and Treatment of Cultural Considerations in Recent FTAs and Investor-State Jurisprudence. Handbook of International Investment Law and Policy, pp.1-25.