DHTML Milonic JavaScript
+ Reply to Thread
Results 1 to 2 of 2

Thread: Dismissal and Redundancy

  1. #1
    ptty_noel's Avatar
    ptty_noel is offline Moderator F8 ptty_noel is on a distinguished road
    Join Date
    Feb 2009
    Location
    Trinidad and Tobago
    Posts
    73
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Question Dismissal and Redundancy

    What is difference between dismissal and redundancy?

  2. #2
    Join Date
    Oct 2008
    Location
    GTG
    Posts
    100
    Thanks
    0
    Thanked 9 Times in 8 Posts

    Default

    Quote Originally Posted by ptty_noel View Post
    What is difference between dismissal and redundancy?
    Dismissals occurs when an employer, with or without notice, ends the employment of an employee.

    Wrongful dismissal occurs when the employer dismisses an employee without giving notice of dismissal or without following the procedure required in the contract. In such a case by dismissing the employee, the employer has breached the contract duly explicit by him.

    A dismissal is unfair when it is ‘harsh, unreasonable or unjust’.
    Unfair dismissal occurs when the employer:
     does not have proper reasons for dismissing the employee.
     does not uses proper or fair procedure to dismiss an employee

    According to Employment Rights Act 1996, an employee is said to be made redundant if the only or main reason for his dismissal is:

    1. the fact that the employer has ceased, or intends to cease:
     to carry on the business for the purposes of which the employee was employed by him
     to carry on that business in the place where the employee was so employed; or

    2. the fact that the requirements of that business for employees to carry out work of a particular kind, or for employees to carry out work of a particular kind in the place where he was so employed, has ceased or diminished or are expected to cease or diminished.

    We can say that the basic situations covered in the definition are:

     the employer ceases to run the business on a temporary or permanent basis
     the employer ceases to run the business in the place where the employee was employed
     the employer no longer needs as many employees to do a specific type of work (whether in general or in the place where the employee was employed), or no longer requires any employees at all.

    In order to claim a redundancy payment from the employer the employee must have been "dismissed”.

    Please refer to page no. C2.2, C2.7 and C2.8 of the Study Text for detail explanation.

    Hope it helps!!!

+ Reply to Thread

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

     

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts