Employment law Essay Example | Topics and Well Written Essays - 3000 words - 8

Employment law - Essay Example If the employee finds the termination unlawful then redress may be undertaken before the employment tribunal. Dismissal is not encouraged as the livelihood of the employee is at stake but it does not entail the destruction of the employer if fair causes exist to justify termination. Dismissal is deemed just when anchored on the employee’s misconduct, inability to discharge the duties due to lack of qualifications, the position is redundant, continued employment is prohibited by statutory duty and other analogous reasons. The employee is not without any recourse from unlawful dismissals. An employee may institute a suit before the employment tribunal provided that such employee has rendered one year continuous service. However, an employee may bring an action regardless of length of service when based on â€Å"automatically unfair grounds† thus the time element is not a pre-condition. If the dismissal is rooted on medical reasons, it is sufficient that the employee has rendered one month of service. Accordingly, an employee who was treated unfairly may proceed against the employer. This is the dilemma of Ms. Sally Trent who owns ST Solutions, a small business with seven employees including Sally. A suit for constructive dismissal and harassment was lodged by Trish Dodge, her Secretary/Administrator for about twenty months. According to Sally, Trish was competent in her job notwithstanding long absences due to illness which she failed disclosed. There were no complaints regarding her conduct or had problems dealing with Sally and the other employees. Conflict arose between Trish and Brian, a freelance web designer, who regularly found fault with Trish by shouting words â€Å"you are useless†. When Trish complained to Sally, she told Brian during a drinking get-together to avoid contact with Trish. Brian ignored the warning prompting Trish to walk out. In her letter, Trish stated that she cannot work in the same office as Brian. Sally hired a