Empolyment low Essay Example | Topics and Well Written Essays - 3000 words

Empolyment low - Essay Example While she was on sick leave, it was alleged by the defendant that she continued to give her consultation to private patients. She was summarily dismissed for her gross misconduct for having received sick leave pay and also attended private patients. Aggrieved by this, she appealed to EAT claiming that the no due consideration was given by the NHS to any mitigating elements like any past untarnished records, employee’s long service or outcome of any dismissal. In this case, the tribunal was of the opinion that once gross misconduct had been demonstrated, dismissal must always within the ambit of adequate responses. However, the plaintiff appealed to EAT against tribunal findings on the ground that the employment tribunal should not have gone to a straight conclusion that dismissal is the punishment for the gross misconduct as it failed to give weight to any mitigating elements like past clear track record, length of employment and outcomes of any dismissal from the NHS. EAT con curred with her view that summary dismissal for a gross misconduct will be held void if no consideration has been given to other mitigating elements like employees past track record, length of service and the outcome of any dismissal. (Morris 2013). ... It should be demonstrated that the incident was examined, and satisfactory evidence was available for the misconduct and for the employee to be informed and to have a chance to challenge any accusation in a typical disciplinary process. In such cases, the conduct alleged had already been set out in the training book or employment contract; it would be advantageous for the employee to prove it to be a gross misconduct. Further, an appeal process should be established, and the employee should be given an opportunity to avail such an appeal process. (Fenwick & Kerrigan 2011:221) The meaning of the Reasonable The gravity and the nature of the offending demeanour will be seen at here. The tribunal will inquire whether the demeanour was so bad as to annihilate the association between the employee and the employer or did it just create irritation. If the demeanour of the employee was not significant like not attending the office at the right time, habitual absenteeism, the tribunal may view it as irrational for the employer to jump for the immediate dismissal without contemplating other actions or sanctions. (Fenwick & Kerrigan 2011:221) In BHS v Burchell, it was held that employer has to corroborate a rational faith in the guilt of the employee well before dismissing him, particularly in case of the alleged theft. However, John can suspend Smith and Freeman while they are under investigation. Both Smith and Freeman have to be questioned individually from each other. (Holland 2013:385) In Monie v Coral Racing Limited, there was disappearance of cash from the safe custody of the employer. The defendant could not decide which of the two employees who was responsible for the

Aviation Safety Management Essay Example | Topics and Well Written Essays - 3500 words

Aviation Safety Management - Essay Example All the company's leadership, managers and other employees at all the levels are responsible for the implementation of the Aviation Safety Program and accident and incident prevention. The Director of Safety has the authority to: Participate in working out, reviewing and amending the Aviation Safety Program. Interview station safety managers in order to evaluate their qualification (in coordination with Human Resources Department). Collect and review all the safety aviation related information from all departments. Require the reporting of any aviation safety related accidents, incidents ore hazards. Conduct aviation safety audits of any operation or facilities. Represent Sky High Airline in all relations with government and other organizations concerning safety related matters. Call for the Aviation Safety Committee. Approve expenditures to implement the Aviation Safety Program. The Director of Safety has responsibly for: Working out, reviewing and amending the Aviation Safety Program Implementing the Aviation Safety Program. Maintaining an accident, incident and hazards reporting system. Preservation and distributing of all received open and confidential aviation safety related information. Conducting regular aviation safety audits and representing analyzed data. Working out and implementation of accident, incident and hazard prevention plan. Cultivation an open and effective communication between departments and personnel. Providing all-round support and assistance to all line managers. Submitting an annual budget to provide the Aviation Safety Program implementation. 4. REPORTING OF ACCIDENTS, INCIDENTS AND HAZARDS ACCIDENT is an occurrence associated with the operation of an aircraft, which takes place between...This document constitutes the Sky High Airlines Company Aviation Safety Program. The person is authorized and responsible for the implementation of company safety policy is a head of Safety Department, Director of Safety. The position of Director of Safety is a full time position as well as positions of Chief of Flight Safety Department and Chief of Ground Safety Department. The Chiefs of Flight Safety and Ground Safety are appointed to ensure the safety protection in the air and on the ground accordingly and share the responsibility with the Director of Safety. The Safety Department together with Flight Safety and Ground Safety will assign additional duty aviation safety specialists in order to work in close and effective cooperation. ACCIDENT is an occurrence associated with the operation of an aircraft, which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage1.