Question
At age 42 years Clive Bailey signed a contract with Jamaica Broilers Company Limited and was employed as an engineer. This company is lacking in
At age 42 years Clive Bailey signed a contract with Jamaica Broilers Company Limited and was employed as an engineer. This company is lacking in polices and Standard Operation Procedures. Mr. Bailey was immediately dismissed from his employment following a work email sent by Mr. Bailey which was deemed to be seriously offensive to people of Judaism faith. This incident caused serious damages to Jamaica Broilers Company Limited. Jamaica Broilers Company Limited failed to issue written warnings to Mr. Bailey, and had also failed to record the occurrence of previous incidents. Mr. Bailey was 60 years old at the time of the dismissal, and it would be difficult for him to obtain other employment. Jamaica Broilers Company Limited cannot indicate if Mr. Bailey was given the chance to understand and accept that his conduct was unacceptable. Mr. Bailey was not provided with an opportunity to apologize and accept other disciplinary measures before being dismissed and reported this to his Union representative. In light of the above:
a. Define the term contract ( 1 mark)
b. State the difference between contract of employment and contract for employment. (3 marks)
c. Explain five (5) variations to contract that could have been in this case. ( 10 marks)
d. What is unfair dismissal? Was this case on of unfair dismissal? State your reasoning. (5 marks)
e. Based on this case as the Union Representative which policy would you recommend to the company for implementation? ( 1 mark)
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