Wrongful and Unfair Dismissals Essay Example | Topics and Well Written Essays - 750 words

Wrongful and Unfair Dismissals - Essay Example The WTO helps in solving disputes which arise between countries, when there is money involved it becomes quite obvious that there will be disputes between the countries. When so many countries participate in global trade, every country will make sure that they make the most of this opportunity and in doing so they often ignore the interests of the other member countries and this is how a dispute arises. But WTO very efficiently resolves all the disputes. The disputes are solved by arriving at a neutral judgment. This neutral judgment is arrived at based on a legal foundation; this is how an issue is resolved. WTO was found in the year 1995, so it’s relatively a new concept but a concept if capitalized upon can reap sweet results for the countries interested in strengthening their Economy. There is a very strict principle which the WTO adopts which is that it treats every member country equally, no priority of any kind is shown towards any country be it America or Russia or for that matter any other country. WTO as an organization can be better understood with the help of a graph.... However, if the employer breaches any term of the agreement, an employee is at liberty to resign and seek compensation for constructive dismissal. Every contract of employment has an implied mutual duty of trust and confidence. Recently tow cases were considered to determine whether a claim for damages can be pursued in the courts where a dismissed employee claims to have suffered psychiatric injury and consequent financial loss as a result of an employer's behaviour and when the employee has already won a case in employment tribunal for unfair dismissal The House of Lords heard appeals in the cases McCabe v Cornwall County Council and Eastwood and another V. Magnox Electric Plc. There was difficulty in deciding the case given the decision given in earlier cases of Johnson v Unisys Ltd. A Majority of their lordships held that an employee could not use a breach of the implied terms of trust and confidence to claim damages for psychological injury if the damage arose because of the manner of the dismissal itself. The employees in the conjoined appeals claimed that events prior to their actual dismissals were the cause and therefore the basis for their respective legal actions. Looking at the facts of McCabe, she was a teacher at Mounts Bay School in Cornwall. Following complaints of inappropriate behaviour made against him by female pupils, he was suspended. While on suspension he was required to attend a disciplinary hearing. Meanwhile he began to suffer psychiatric illness. Over the next three years there were further disciplinary hearings and in 1996 his dismissal was confirmed. In December the same year Mr. McCabe won a case of unfair dismissal and was awarded