Assignment First




法律的适用:在目前的情况下,作为夜间搬运工,索利的责任是把洗好的衣服送到洗衣房。然而,每次索利都不考虑中央电视台的摄像机,Fit4Pleasure Ltd .的总经理,在她的手机上叫Solly,以便知道她在做什么。然而有一天晚上,德斯特无法在电话上联系索利,因此他决定去酒店看看索利在哪里。在到达酒店的时候,德兹注意到索利没有关掉健身房里的灯。看到这一切,德兹大为光火,他对索利大喊大叫,叫她走开。在目前的情况下,很明显,目前的事件,即使它可以被称为不当行为,只是一个一次性事件。在这种情况下,德兹应该与索利交谈,以确保这样的事情在未来不会发生。然而,德兹只是要求索利离开。这也可以称为推定解雇。


On the other hand, if a notice period has not been specified in the employment contract of the employee, such an employee is also entitled to a reasonable period of notice in case the employer decides to dismiss such an employee (Marinescu, 2007). In any case, such an employee is entitled to have at least a minimal notice period of one week if such employee has been in the employment of the employer for one month. After this period of one month, the entitlement followed this also increases at the rate of one week per year going up to a maximum of 12 weeks after the employee has worked for 12 years for the same employer.
However in case of one of the incidents, the employer should have an informal discussion with the employee in order to resolve the issue and at the same time, the employee in question has good disciplinary record.
Application of Law: In the present case, as the night Porter, it was the duty of Solly to take the bags of laundry to the laundry room. However each time Solly was out of the view of the CCTV cameras, the managing director of Fit4Pleasure Ltd., Dez Moines called Solly on her phone in order to know what she was doing. However one night, Dez could not contact Solly on the phone and therefore he decided to go to the hotel and see where was Solly. On reaching the hotel, Dez noticed that Solly had not turned off the lights in the fitness suite. On seeing this, Dez became furious and he shouted at Solly and told her to go away. It is apparent in the present case that the present incident, even if it can be termed as misconduct, was only a one-off incident. In such a case, Dez should have talked with Solly in order to make sure that such a thing does not happen in future. However, Dez simply asked Solly to go away. This can also be called as constructive dismissal.