Law and Practice Disciplinary Violation Essay Example | Topics and Well Written Essays - 2500 words

Law and Practice Disciplinary Violation - Essay Example The Law of Confidence pertains to the issue of information that is deemed to be confidential and will include trade secrets, copyrighted and other sensitive information, including the right to its protection and remedy for the infringement through breach of confidence and trust by employees. (a) A new three-step dispute resolution process for employers and employees under the Employment Act has been introduced as of October 1, 2004. 1 According to these provisions, reasons for dismissal or disciplinary action must be put into writing, a face to face meeting must be arranged for discussing the dismissal and the employee must be given a chance to appeal. In the event an employer fails to follow the proper procedure and adhere to all three steps, then penalties will accrue to the employer while the employee may be automatically entitled to claims of unfair dismissal if he/she has been employed for more than a year at the firm in question. Moreover, instant dismissal of an employee, even in cases of gross misconduct, is automatically unfair unless, at the very least, a two-stage procedure is followed, wherein the employee is provided written notice of dismissal and provided the right to appeal. In cases of serious misconduct, it may be legal to dismiss an employee without no tice, however, it is better to suspend the employee first while investigations are carried out to ensure that allegations against the employee are substantiated. What must be considered in Sandra’s case is Alan’s summary dismissal, which has not allowed her the opportunity to appeal the decision to fire her. Continuous service with a Company entitles the employee to a policy of fairness in providing written the notice of the reasons for dismissal and the opportunity to offer any defence. Most companies follow such policies, especially when the employee has  been with the Company for a long time.