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What kind of dismissal is terminating of a fixed-term contract.

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › What kind of dismissal is terminating of a fixed-term contract.

  • This topic has 3 replies, 2 voices, and was last updated 15 years ago by MikeLittle.
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  • May 30, 2010 at 3:07 pm #44247
    Anonymous
    Inactive
    • Topics: 22
    • Replies: 11
    • ☆

    Is it necessary to be given notice in this case and is it unfair dismissal?/ If the employee is not in any fault.
    Also in VAUX AND ASSOCIATED BREWERIES case- example for non-redundancy- is it unfair dismissal?

    May 31, 2010 at 5:07 pm #61619
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    Although the worker was not at fault, it is not a valid claim for redundancy since the job still existed. The occupants of the position of barmaid were however not suited to the new image which the company was trying to promote and therefore they were given notice.

    I don’t believe that such dismissal would qualify as unfair.

    Why not google the case and see what you can find out?

    June 6, 2010 at 8:25 am #61620
    Anonymous
    Inactive
    • Topics: 22
    • Replies: 11
    • ☆

    Thanks:)
    But what about the termination of a fixed term contract / with given and without given notice/? In some textbook this is an example for non-fair dismissal- is it true/ even with given notice/

    June 6, 2010 at 2:35 pm #61621
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23321
    • ☆☆☆☆☆

    From a sketchy knowledge of the Vaux case, it seems that the application of law is flexible – sometimes it seems to be “fair” and others “unfair”

    If the employee has been guilty of some misdemeanour, then that would seem to be fair. If not, I can see a valid claim for unfair unless, as in the Vaux case, the employee was no longer suited for the position

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