The employer has 10 working days from receipt of the request to give a truthful reason in writing for the termination." (P 1).
Despite that many employers have been very careful in terminating the contract employment agreement based on justifiable cause; there are still series of cases where employees challenge the termination of their employment contracts. Mandelsohn, (1990) argues that employees may establish in the court of law that they have the right to continue working based on the employment contract. Typically, employees could establish that there is no provision in the employment contract that employers have the right to terminate their employment contracts. If a plaintiff is able to establish that he has the right to continued employment, an employer must convincingly present its case that he has a good cause to terminate the employment contract. On the other hand, if employee is able to establish that he is wrongfully terminated, an employer will be asked to pay for the damages. A case between Cleary v. American Airline (1980) shows that violation of covenant could resort into tort damage. The case shows that the employer violates covenants when the employer terminates the employee without a good cause.
One of celebrative cases that involve employment contract termination was the case of Foley v Interactive Data Corp. Foley (Plaintiff). Foley was employed for more than 7 years and received number of promotions. When the company hired a new supervisor, Foley heard that the new supervisor was involved in the series embezzlement and reported the issue to upper management. Less than two-month later, the company dismissed Foley. California Supreme Court held position that Foley contract employment termination was a wrongful termination and the court asked the company to pay for the damages.
On the other hand, Schirru, & Brown, (2009) argue that employer may be justified in the court with the termination of employment contract. The authors argue that employment contract are made up of implied and express terms, and the implied terms in the contract agreement mostly lead to dispute between employees and employers with relation to employment contract termination. In the employment contract, express terms are the terms that have been specifically mentioned and agreed by both parties in the employment contract. Express terms could be either oral or written. Express term of employment includes things such as rank, hours of work and remuneration. On the other hand, implied terms are the terms not being mentioned by both parties; however they are included in the contract. For example, Sale of Goods Act 1979 mandates salesman under Section 15 that "if you're selling the goods by sample -- you show the customer one bag of flour and they order 50 bags -- then the bulk order has to be of the same quality as the sample." (Riley, 2012 P. 1). Implied terms is often prominent in the dismissal claims and employee my not be able to challenge its dismissal in the court of law.
A case between Colwell v. Cornerstone Properties supports this issue. The Court found Colwell breached an implied duty that each party needs to treat in a good faith in the employment contract. Thus, employer was justified to dismiss the employee because of the breach of implied contract. On the other hand, an employee may establish a successful dismissal claim under implied terms. For example, in a case between Reynolds v. Innopac Inc., the Company required the executive to relocate to British Columbia and refusal of the executive to move to British Colombia led to employee's dismissal. Following the case in the Ontario Court of Appeal in Canada, the court held that the company could not mandate requiring executive to move to British Columbia because this was not written in the employment contract. Thus, the court required the company to pay for the damages.
Collins (2011) in his own case points out that cases involving employment contract termination is generally being treated by the employment tribunals in the UK. The UK law designates difference between workers and employees. While workers generally have less extensive protections under the law, employees in the UK generally enjoy wider protection. Cases of wrongful employment contract termination are not being treated lightly under the UK law. However, the highest amount that a court awards an employee for a wrong dismissal is £234,549.
Following the review of the past studies that discuss the cases relating to the termination of employment contracts, the research presents the research methodology that discusses the method of data collection.
Research Methodology
This section discusses the method that the study will use to collect data and find answers to the research questions. The section also presents method of data analysis and presentation of findings.
Research Design
Research design is a plan and outline use to achieve the research objective, solve research problems and generate answers to the research questions. (Orodho, 2003). The proposal will prepare the research...
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