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Case study for unfair dismissal

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Not Reportable. In the matter between:. Heard: 17 August Delivered: 28 September The applicant alleges that she was discriminated against and that the dismissal is automatically unfair in terms of section 1 f of the Labour Relations Act [1] the LRA.
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Employment Law Case Study

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Cases Listed by subject:Automatically unfair dismissal

Employment in sectors that involve driving, using machinery or require safety-critical operations sometimes means the alcohol and drug testing are undertaken to ensure that employees are working safely. It is lawful to do the testing, and warranted if an employee is operating a train, school bus or dangerous machinery. It can also be lawful for an employer to dismiss an employee in the event of a positive result. However, the overriding requirement is for the employer to act reasonably in all the circumstances, when considering dismissal is and a positive test result could have a plausible explanation, or be unreliable. If these considerations are not taken into account the it can lead to a finding of unfair dismissal, as seen in the case of First Essex Buses FEB. The Ball v First Essex Buses ended with a ruling in favor of the employee even though he had failed a compulsory drug test. This case is one of a few in recent times that has raised the question of whether or not positive tests are conclusive grounds for dismissal.
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Case of the month: Fair dismissal for incapacity: McAdie v Royal Bank of Scotland

February 08 Employers must always ensure that they adopt a fair process in respect of an employee's dismissal. Staff have a right to a fair hearing, and courts insist that employers comply with their obligations in this regard. The WRC have often found that an employee deserved to be dismissed due to their behaviour, but that the dismissal was unfair due to a flawed dismissal procedure. Mr McNally was a security guard for Tesco.
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How much more will they obtain in the next 10 years? In a recent poll studies, according to Gallup, the everyday American works an average of 47 hours per week. Even some countries that had previously enacted a flat tax are repealing those laws because the flat tax perception was being overblown.
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