Question
Explain, giving reasons, whether the following employees could have common law or statutory rights in regard to termination of employment: (a) Dominica is caught stealing
Explain, giving reasons, whether the following employees could have common law or statutory rights in regard to termination of employment:
(a) Dominica is caught stealing $50 from a retail store where she has been employed as a part-time shop assistantfor two years. Prior to this offence, Dominica had a good work record. Her boss terminates her employmentimmediately and refuses to give her any pay 'in lieu of' notice. The store employs 70 full-time, part-time andcasual staff.
(b) Michael is a federal public servant on an annual salary of $60 000 who is dismissed after taking three days sickleave and not producing a medical certificate. Although it is the fourth time in six months that he has done this,Michael has not previously received any formal warnings that he could be sacked over his sick leave record.
(c) 'Ugly Dave' is employed full time as a disc jockey at an entertainment centre that employs over 50 full-time staff.Dave has missed two days work in the past year. On each occasion he was warned, in an interview recorded inwriting, that further absences could mean dismissal. Two weeks after the last absence, Dave asks his boss for afew days leave without pay to be with his wife before she is due to give birth. He produces medical certificatesstating the birth could be a difficult one. The boss refuses. Dave takes the leave anyway. When he returns to work,he is sacked and given two weeks notice.
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