Unfair Dismissal - Against Maria

Question 1

What is an example of a duty or obligation of an employee?

Answer 1

Mutual trust and confidence

Question 2

How may Maria have breached trust and confidence?

Answer 2

Both by being late - lack of trust in her ability and professionalism
- and through discounting items to friends

Question 3

What could an invalidation of her duty/obligation of an employee mean?

Answer 3

Invalidate her claim for unfair dismissal

Question 4

What case tells a story about invalidating a claim for unfair dismissal?

Answer 4

RDF Media Group Plc v Clements 2007 - both betrayed eachothers trust

Question 5

What are the two ways Maria may have committed a fundamental breach of contract?

Answer 5

• Capability of qualifications of employee ERA s.98 2 a
• Conduct of the employee ERA s.98 2 b

Question 6

Capability of qualifications of employee ERA s.98 2 a

Answer 6

Usually centred around employee becoming unwell, but could be about her not being able to do job properly
- involves employer’s belief over proof

Question 7

What case references Capability of qualifications of employee ERA s.98 2 a?

Answer 7

Alidair Ltd v Taylor

Question 8

Conduct of the employee ERA s.98 2 b

Answer 8

Maria always late
- Depends if Maria approached about it and asked/given chance to improve

Question 9

What can after discovered reasons do?

Answer 9

Cannot substitute reason for dismissal, but can show Maria was not model employee and can reduce her reward