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Mr Edwards was dismissed from his surgeon job for ‘gross misconduct’ without having his contractual disciplinary procedure followed for alleged impropriety toward a female patient. The contract also said “the employment is subject to three months’ notice on either side”. The General Medical Council summarily dismissed his appeal. He ...
A confession could still leave a dismissal unfair if the disciplinary procedure was defective, in fact the employer must always follow a fair procedure before dismissal for misconduct. [ 133 ] If the employee is a trade union official the employer must consult a senior union leader, otherwise unfair dismissal is likely and there may easily be a ...
Employers have varying views of sleeping while on duty. Some companies have instituted policies to allow employees to take napping breaks during the workday in order to improve productivity [11] while others are strict when dealing with employees who sleep while on duty and use high-tech means, such as video surveillance, to catch their employees who may be sleeping on the job.
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The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. [3] Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security. Typically, an employer must prove just cause before an ...
An injunction could be awarded to enforce a contractual disciplinary procedure, [7] but because compensation is usually an adequate remedy for premature termination, an injunction is generally not available to keep a job going, [8] even in a redundancy situation where the selection process has been circumvented. Action for wrongful dismissal ...
The Standard Code of Parliamentary Procedure (TSC) states that in trials of disciplinary procedures, members should be given due notice and a fair hearing. [5] The trial could be held in a meeting of the organization or in a meeting of a committee appointed by the organization for such a purpose.
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