Summary Dismissal of Mark Essay Example | Topics and Well Written Essays - 1250 words

Summary Dismissal of Mark - Essay Example In the case of Mark, the employer had some grounds which could warrant for summary dismissal and he went ahead to dismiss him. From the point of view of Mark, the action of the employer is unlawful and as such it constitutes an unfair dismissal. The grievances of Mark presented in the case study are true and they form a ground upon which he can appeal against the termination of his contract. In this regards, I will argue that wrongful dismissal and violation of his rights as the basis upon which he can appeal against the dismissal. In summary dismissal, there has to be a proof of gross misconduct. In this case, Mark disobeyed a direct disorder from his superior.However, the manner in which it was carried out was not procedural. First off, the dismissal was not in tandem with the usual meaning of this type of dismissal which is instant.The case states clearly that Mark had been asked to work overtime which he refused and a fierce confrontation ensued.Although arguing with superiors is wrong especially in front of other employees, it does not warrant summary dismissal. He was allowed to go home and the next day after he had reported for work; he was given his marching orders after starting his work for the day. In this regards, if indeed summary dismissal was the case, it should have been done the previous day and not the next day after working for some time. ... In Marks case, it appears that the employer was trying to coerce him to fore gore his own commitments for the company’s sake. Such an unprecedented step to coerce an employee to work overtime constitutes violation of an employee’s rights2. Mark is therefore entitled to appeal his summary dismissal on the basis of gross violation of his employee rights. Dismissal of Simon Redundancy is major factor that is considered by employers when they are dismissing their employees. For dismissal on redundancy ground to be fair, the employer must be able to show consistent statistics in terms of underlying problem that led to the dismissal. To give more credence to redundancy dismissal, the employer must consult widely with other stakeholders as well as the concerned employee. However, regardless of whatever method is used to dismiss an employee, the employer must have a formal meeting with the earmarked employee for dismissal. In this meeting, the employee is given an explanation a s to why the employer is terminating the employment contract3. In the case of Simon, the employer used laid down procedures of the company to come up with a trumped charge of poor performance as the basis of his dismissal. First off, this is not a case of poor performance because the underlying problem is change of system from manual to a computerised system. Regardless of human learning capabilities and ingenuity, it is utterly impossible for one to learn new systems in under a month. When the company (Fit & Well Co. Ltd.) was instituting changes, it did not warn the employees to make the necessary preparations to adapt to changes in the work place. Similarly, after making changes in the