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The school board had a cause to fire this secretary because her behavior could harm the reputation of this educational organization ( High school secretary fired, 2011, p. 12). Moreover, by tolerating such actions, school administrators could set wrong examples for the students.
- An employment contract is frustrated when one of the parties is not able to meet its obligations. For instance, one can speak about such circumstances as terminal illness, death, imprisonment, severe injury, and so forth.
- While determining reasonable notice, companies should focus on such aspects as the age of a worker, the length of employment, the health of an employee, and the availability of jobs in the community.
- The main benefit of working notice is that business administrators can use the services of an employee and derive extra value from his/her performance. Yet, some drawbacks should be considered.
In particular, a disgruntled employee, who has access to confidential information, can use these data to harm the company. Moreover, people can act in a retaliatory way while serving the working notice. If there is such a risk, businesses should not prefer this option.
- The workers duty to mitigate means that he/she should seek comparable employment in the industry. In other words, this individual should take steps to reduce the impact of wrongful dismissal on him/her.
- Such a notion of constructive employment means that an employee quits his/her job because working conditions have become intolerable. In this case, one can speak about such issues as the hostility of other employees, violation of employment contracts, or poor working conditions. In this case, an employee owes the duty to mitigate the damages. In other words, he/she should also seek employment.
- A wrongfully-dismissed employee can receive such termination damages as lost pay, compensation related to emotional distress, attorneys fee, or the costs of searching for a new job. In other words, this person should be compensated for the losses that occurred as a result of wrongful dismissal.
- several strategies can be used to avoid wrongful dismissal claims. At first, businesses administrators should accurately document every incident related to an employees performance. This documentation can later be used to show that a person was not fired without a good cause. Secondly, it is necessary to develop clear rules which show what is expected from a worker.
- While providing references to an employee, the representatives of a company should disclose information about any wrongful or illegal act committed by a worker. Yet, at the same time, business administrators should remember the risks of a defamation lawsuit filed by a former employee. Additionally, they should not disclose confidential information to avoid legal conflicts.
- Employee insurance can be offered to a person if he/she can meet certain requirements. For instance, one can speak about the failure to find a job due to the factors that are not dependent on an employee. Secondly, it is necessary to mention such events as sickness, childbirth, or the need to support a close relative.
The article Wrongful Dismissal Made Easy written by Milena Celap (2011) includes instructions that help employers avoid problems related to the termination of workers. This author focuses on the timely documentation of violations committed by a worker (Celap, 2011, p. 11). Additionally, managers should clearly explain what kind of mistakes a worker could have made. In this way, business administrators can enable these people to meet the requirements of a company. Additionally, it is necessary to identify the behavioral rules and expectations that employees should meet.
Reference List
Celap, M. (2011). Wrongful Dismissal Made Easy. Web.
High school secretary fired for moonlighting in porn movie. (2011). Edmonton Journal, p. 12.
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