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Employment law- fixed term contract

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Employment law- fixed term contract

  • This topic has 7 replies, 2 voices, and was last updated 9 years ago by MikeLittle.
Viewing 8 posts - 1 through 8 (of 8 total)
  • Author
    Posts
  • June 5, 2016 at 10:13 pm #319696
    orhodes
    Participant
    • Topics: 20
    • Replies: 25
    • ☆

    Hi Mike

    Can you please help me to understand this.

    Why an employee after his three year employment contract finished entitle to claim for compensation for unfair dismissal?

    Thank you
    Oksana

    June 6, 2016 at 5:13 am #319717
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23320
    • ☆☆☆☆☆

    Hi Oxsana

    This isn’t the finish of a three year contract. The employee has to have been in that employment for at least three years before s/he becomes entitled to be able to claim unfair dismissal

    Possibly that employee had thought that s/he had a job for life, had worked for 4 years and was looking forward to another 30 years

    Then, suddenly, for no good reason apparent to the employee, s/he found herself out of work – dismissed

    OK?

    June 6, 2016 at 10:21 pm #320084
    orhodes
    Participant
    • Topics: 20
    • Replies: 25
    • ☆

    Hi Mike

    Thank you for that.

    That question is from bpp study text
    “Nick commences his employment udner a three year contract with Equis ltd on 1 August 20×6. On 30 June 20×9 he is given notice that the contract is not going to be renewed”
    Required
    Explain which claim Nick may be able to bring agains Equis ltd.

    Answer:
    Nick is entitled to claim for redundancy pay and/or compensation for unfair dismissal if he can prove the requisite facts.

    That is what confuses me.
    Could you please explain it to me.
    Thank you
    Oksana

    June 7, 2016 at 6:52 am #320154
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23320
    • ☆☆☆☆☆

    “Could you please explain it to me.” – not really

    the only thing that I can imagine is that the sentence “Nick is entitled to claim for redundancy pay and/or compensation for unfair dismissal if he can prove the requisite facts” is setting up the rest of the answer that goes on to say that he can’t prove the requisite facts

    What reference do you have for this question – I’d like to check it for myself?

    June 7, 2016 at 5:13 pm #320447
    orhodes
    Participant
    • Topics: 20
    • Replies: 25
    • ☆

    Hi Mike

    It is in BPP study text book, the question is on page 369, number 21, the answer is on page 377. That if you have an access to this book.

    I think it is all about “the requisite facts”.

    I’m just worrying if I get a question like that on the test I would say that he can’t claim any compensations as he had a contract and it’s finished.

    Oksana

    June 7, 2016 at 8:11 pm #320576
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23320
    • ☆☆☆☆☆

    Yes …. but the element of “the requisite facts” puts that cat among the pigeons

    I think you’re correct when you say “a contract for three years and now it’s finished”

    June 7, 2016 at 11:23 pm #320640
    orhodes
    Participant
    • Topics: 20
    • Replies: 25
    • ☆

    Thanks Mike

    Oksana

    June 8, 2016 at 7:02 am #320686
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23320
    • ☆☆☆☆☆

    You’re welcome

  • Author
    Posts
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