Employee Law and Relation Assignment Example | Topics and Well Written Essays - 2000 words

Employee Law and Relation - Assignment Example This article analyses the basic requirement or what qualifies to bring a claim for unfair dismissals and reviews the recent judgments on termination of employment contract and leads to a broad understanding of what courts consider fair and unfair dismissals. The law explains employee as a person who is employed to provide services to a firm or company on the continuous basis in return of some compensation, who doesn't provide the same services as a part of the independent business. A contract of the employment consists of express terms and implied terms. Express terms explain the terms agreed between the employer and employee, which includes wages and anything, which is related to it. The express contracted terms may not be written one. The express terms may be found in pay slips, letters given to employees before or after he or she started working or in any letter the employee was asked to sign during the course of work. When a particular employment problem crops up it has to be ascertained that whether the employer is a worker. However, any document like, pay slips, the job advertisement any letter sent by the employer in possession of the employee itself will prove that he or she is a worker of that company. The employee must have 12 months continuous service, there are exceptions to this rule. Even if the employee has less than 12 months service he/she may bring a claim for unfair dismissal if he/she is dismissed for the reasons mention under unfair dismissal clauses. To bring a claim under unfair dismissal act the employee must have worked under a contract of service or employment and must have been dismissed in order to raise a claim. In constructive dismissal, the employee resigns, but claims that his employers conduct towards him was the reason to resign the job. If the employer disputes the dismissal, the onus of proving the dismissal lies with the employee, and then only the claim will continue to the next stage. If the employee qualifies under the unfair dismissals legislation he may bring the claim to The Rights Commissioner or Employment Appeals Tribunal.  Ã‚