大学论文代写

美国拉斯维加斯论文代写:就业法

美国拉斯维加斯论文代写:就业法

解雇雇员时,雇主必须有正当理由解雇雇员。被认为是有效的解雇员工的原因包括员工的能力或行为或冗余。同时,它也可以阻止员工从事他们的工作,比如司机失去驾驶执照。同时,也有一些其他原因可以被视为公平解雇雇员。有时,这些原因也被称为“其他实质原因”。但是,即使有正当理由解雇雇员,雇主在解雇雇员时也要合理行事,这是很重要的。在这方面,需要注意的是,虽然合理性没有得到法律上的界定,但有一些因素可能会考虑就业或劳资审裁处。例如,在这种情况下,如果雇主普遍认为解雇的理由是公平的。同时,雇主亦已进行适当调查,并已跟进有关程序。解雇员工的理由的合理性,也可能取决于员工是否能够理解其行为的后果(瓦特,2000)。
因此,当雇员被解雇的雇主立即,没有任何通知或支付鉴于该通知,一般应该有严重的不当行为的部分员工如盗窃,暴力或欺诈。即使是由雇主,雇员被解雇了公平还是不公平解雇的索赔可向雇主如果雇主认为,在被免职的原因是不真实的或原因被解雇是不公平的或如果员工认为雇主是不合理的,如未能提供足够的警告,以员工(Morris,2000)。同时,也有一些原因被认为是不公平的。这些原因与怀孕、家庭无关,担任雇员代表或工会代表、加入或不加入工会、歧视、工资和工作时间和吹口哨(骑士,2000)。

美国拉斯维加斯论文代写:就业法

While dismissing an employee, it is essential that the employer should have a valid reason to dismiss the employee. The reasons that are considered valid for dismissing an employee include the capability or conduct of the employees or redundancy. At the same time, it can be something that precludes the employees from doing their job, like a case where a driver loses his or her driving license. At the same time, there can also be some other reasons that can be considered as fair for dismissing an employee. Sometimes, these reasons are also known as ‘other substantial reasons’. However, even if there is a fair reason to dismiss an employee, it is significant that the employer acts reasonably while dismissing the employee. In this regard it needs to be noted that while reasonableness has not been legally defined, but there are certain factors that may be considered by an employment or industrial tribunal. For example in such a case, it is seen if it was generally believed by the employer that the reason to dismiss was fair. At the same time, it is also seen in proper investigations have been made by the employer, where appropriate and relevant procedures have been followed. The reasonableness of a reason for dismissing an employee may also depend on the fact is the employee can be expected to understand the consequences of his or her behaviour (Watt, 2000).
Therefore, when an employee is dismissed by the employer instantly, without any notice or pay in view of the notice, generally there should be gross misconduct on the part of the employees like theft, violence or fraud. Even if, it is believed by the employer that the employee has been dismissed fairly, still a claim for unfair dismissal can be made against the employer if the employer believes that the reason behind the dismissal was not the real one or the reason for dismissal was unfair or if the employee believes that the employer has acted unreasonably, like a failure to give sufficient warning to the employee (Morris, 2000). At the same time, there are certain reasons that are automatically considered as unfair. These reasons unrelated with pregnancy, family, acting as employee representative or trade union representative, joining or not joining the trade union, discrimination and pay and working hours and whistle blowing (Knight, 2000).