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Lawful and unfair dismissal
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Bilbo Baggins, a plaintiff was terminated by the defendant, Orc Industries Corp. Bilbo Baggins is suing Orc Industries Corp. for wrongful dismissal. Baggins joined Orc Industries Corp. on December 25, 2006 and was hired to assist the construction of a foundry. In May 2007, Orc Industries Corp. decided to terminate Bilbo Baggins for his dishonesty, and for having a bottle of Shire Whiskey in the cabinet of his office. However, there is no evidence supporting the claim, thus a decision has to be made regarding wrongful dismissal.
Wrongful dismissal takes place when the employer terminates an employee without giving a reason for the notice of termination (MylegalAnswers, 2002). Since Bilbo was dismissed without a notice, the only reason for Orc
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“Other causes can be examined in relation to whether the conduct was a single act, conduct was condoned, employee had a disability, or employee had been warned about conduct and the consequences of failure to improve”. (DuPlessis et al., 2014). Since there is no evidence of a single or continuous act, and the employee was not warned about the conduct beforehand, Orc Industries Corp. cannot terminate Bilbo Baggins. In addition, another reason of dismissal was dishonesty. Dishonesty in a workplace would result the employee to be terminated if he is lying to his employer and fellow employees, theft, misuse of company time, and absences under false pretenses (Writer, 2011). Based on the given information, there is no appropriate evidence which specified that Baggins performed any dishonesty. This shows that Bilbo is not a character of defamation. Orc Industries Corp. has no right to terminate Baggins. “An act of dishonesty, in and itself, is not necessarily sufficient to warrant just cause for dismissal” (DuPlessis et al., 2014). Hence, Bilbo Baggins can sue Orc Industries Crop. for wrongful dismissal because of unjustified reason of the other causes and unproven
The dwarves were on a quest to find and reclaim their famous treasure from the great dragon Smaug. It would be a long and difficult journey, and they felt it would be made simpler with the help of a burglar. This was what Bilbo was for, even if he didn’t know it. Bilbo didn’t want to be on the adventure, let alone play a vital role in it. But by the time the story concluded, Bilbo had changed from a well-to-do homebody into a burglar.
Constructive discharge, or constructive dismissal, means that the employee resigned from their position as a result of the employer creating an intolerable and difficult environment. Constructive discharge is viewed as the employee being pressured to quit due to the employer making changes to the working conditions or responsibilities, but from a legal position, the employee quit due to forced termination, or fired without good cause. ("TimsLaw.com » Constructive Discharge - Being forced to quit - Tim 's Missouri Employment Law Info Site," n.d.)
Within J.R.R. Tolkien’s The Hobbit, Tolkien uses the character of Bilbo Baggins to reveal to the reader the constant struggle between heroic and anti-heroic qualities within Bilbo and ourselves.
Bilbo is “not the hobbit that [he was] before he left the Shire (Tolkien, 360). He has lost his reputation as a perfectly predictable Baggins, but he has gained “the honor of dwarves, wizards, and all such folk as ever passed that way” (Tolkien 361). He spends his time now “writing poetry and visiting the elves,” and despite all the other hobbits’ disapproval of Bilbo and his adventures, “he [remains] very happy to the end of his days” which are “extraordinarily long” (Tolkien 361).
There was evidence shown that the unfair dismissal requirements were the furthermost conflicting and inconsistent from the manager’s perspective. The Fair Work Act applied unfair dismissal requirements for entirely workers, regardless of the population of workers in the business (Chapman, 2015). The Fair Work Act presents two cases that dismissal could be reasonable, including other dismissal and summary dismissal. In the first case, the law offers a sequence of stages such as concluded checklist, copies of notice, declaration of dismissal and a witness announcement with signature that managers must follow with the intention to reduce the problem (Chapman, 2015). In the second case, managers may dismiss a worker without notice due to theft or fraud. As the consequence, the amount of cases in relation to unfair dismissal has risen significantly since the Fair Work Act implemented as law. In addition to the growing records of cases in relation to unfair dismissal, the judgements from Fair Work Australia showed some contradicting clarifications of the Fair Work Act (Chapman, 2015). According to an example, a business in Albury- Wodonga had dismissed an employee due to the breach of occupational and safety laws after an employee continually denied to wear safety glasses at work (Sloan, 2011). However, after checking the worker’s reinstatement, the Fair Work Australia stated that the worker had a family and he has found it challenging to
Bilbo Baggins changes a lot in the novel The Hobbit. In the beginning he is a small peaceful Hobbit who lives in Hobbiton. He loves to keep things in order, and hates things that are disorganized. “Please be careful,” and “Please don’t trouble. I can manage” (Tolkein, 12). Then one day a wizard by the name of Gandalf comes and gives Bilbo the opportunity to go on an adventure. Bilbo turns his offer down, but the next day thirteen dwarves come to his house. They have meals together and they sleep at Bilbo’s house. Gandalf then convinces him to go on an adventure with them. Bilbo is many things, in the very begging he is flat, static, main, and he is the protagonist. By the end of the story he is round, dynamic, main, and he is still the protagonist. By the end of the story, Bilbo is a changed Hobbit.
During the middle of Bilbo and his crew's adventure they run into big trouble with the giant spiders. While asleep in the dark of the forrest Bilbo and the dwarves are surprised to find themselves tied up by the spiders. Using his sword later named Sting, Bilbo cuts himself free. He leads the spiders away from the dwarves by throwing stones in the opposite direction, then he sets the dwarves free with help from the invisibility ring so the spiders could not see him. Bilbo throws himself in harm all to guarantee the dwarves their protection. Another time Bilbo offered up his safety in order to ensure the dwarves was when he rescued all of them from the wood elves. As Bilbo and the dwarves were on a mission to find food somewhere, they run into the wood-elves. Bilbo put his ring on so he was invisibly but all the dwarves were locked up in the Elvenking's castle. After several weeks of exploring the castle, Bilbo comes up with his plan of escape. Bilbo steals the keys from the guard while he was not paying attention, then manages to set all the dwarves free. They are now all floating downstream in empty wine barrels. If it was not for Bilbo's yield, they would still be prisoners in there. It was risky business and Bilbo could be caught and locked up as well, but he did it and his plan was completed with a favorable
Bilbo Baggins is a very soft and quiet hobbit. He loves to eat, and is pampered by his own self. So when Gandalf arrives to take him on an adventure, Bilbo is a little hesitant –scared to death- to risk his life with Thorin and Company. “At may never return he began to feel a shriek coming up inside, and very soon it burst out like the whistle of an engine coming out of a tunnel. […] The...
In fact, when they were in the tunnels with the goblins, the dwarfs did not even notice when Bilbo became lost, and they were about to go on without him. Also, they always relied on Bilbo to get them out of trouble. Just like they were almost killed by the spiders and Bilbo came to their rescue, they made Bilbo go into the secret tunnel because everyone else feared Smaug, the dragon. Consequently, Bilbo almost becomes scorched from Smaug. Mr. Baggins who is considerate, noble, and reliable is the only one that could reward them with such a great fortune.
Bilbo begins his long journey with the dwarves, who at the time were still skeptical of Bilbo’s abilities. The dwarves didn’t see why they needed such a small incompetent hobbit with them along their journey. Gandalf tells them to stop complaining and to trust that there is more to Bilbo than meets the eye (Tolkien 6). Bilbo soon shows his courage and heroism for the first time in the story when they run into their first obstacle, three large trolls huddled around a campfire. Bilbo, who was once a shy, non-adventurous type, begins to develop into a hero as he tries to steal one of the trolls’ money purses. This is a dramatic scene in the novel because it was Bilbo’s very first act outside his comfort zone. It was this...
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s...
During The Departure period in The Hobbit, Bilbo Baggins lives a respected life with no adventures or anything unexpected like a hobbit should. Gandalf asks Bilbo to join the dwarves on their quest, “‘I am looking for someone to share in an adventure I am arranging’” (Tolkien 4). This serves as the call to adventure, the first part in the departure. The following part of the
At the beginning of the novel, Mr. Baggins starts out at his comfy little hobbit home, but suddenly a grand, wise wizard shows up. Not long after, 12 dwarves began to appear, one by one at Bilbo’s door, and they have come to carry him off on a life-changing adventure, full of greed. That was the beginning of our hairy hobbit’s transformation from a shy, quiet hobbit, to a strong and bold life-saving hero, who enchants any who come in contact with him. For example of his strength and boldness, would be in chapter 5, when Bilbo rhymes riddles for an unknown creature, who calls itself Gollum. Bilbo would’ve been eaten if he were to have lost, but took his chances, and risked it anyway. After all, it did get him out of that goblin-infested cave.
The Unfair Dismissals Act 1977-2007 was set up to give clear guidelines on how an employer’s decision to dismiss an employee may be contested by an independent body. The main purpose of this Act is to shield employees from unfair dismissals. It also provides for an adjudication system and a redress system to those employees whose dismissals have been found to be unfair.
An employer may dismiss an employee for a fair reason - this means the dismissal is substantively fair and if the employer has followed a fair procedure - the dismissal is procedurally fair.