Question
Angie was by day an Events Co-ordinator at firm on a fixed term contract for 3 years, and a singer at a club during the
Angie was by day an Events Co-ordinator at firm on a fixed term contract for 3 years, and a singer at a club during the night. angie`s supervisor Alan was aware that she wished to leave early at 4pm on Fridays to do her second job.
Angie's contract expires in 2 years time. It does not contain any notice provision.
After several months, Angie requested a reduction from her contracted 44 hours to 34 hours a week, so she could increase her hours in her secondary employment.
Because the firm had a number of employees on, or soon to be on leave, and several projects that needed completing, it declined Angie`s request.
Following the firm declining her request, Angie then tendered her written resignation, claiming she had no choice if she was to pursue her 'true passion' of becoming a singer
After working out her notice period, Angie filed an unfair dismissal claim.
(a)You are the Human Resources Advisor for the Firm . Advise the Council on the type of dismissal Angie will likely be claiming, related case law and Angie's prospects of bringing a successful claim.
Assume Angiel's supervisor Alan was not aware she had been working as a singer as a second job. One evening, Alan happens to visit the club where Angie works. Alan approaches her the next day at work and asks her how her evening was, and whether she did anything last night. Angie responded that she went to her parents and slept over. Alan fires her on the spot.
(b)Advise the Council on whether Alan is justified in summarily terminating Angie 's employment.
Explain the requirements for instant dismissal, related case law and what common law principles may apply in this situation.
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