ExpertEasy2 marksMultiple Choice
ACCA · Question 49 · Employment law
Scenario: 'DeepBlue Aquaculture' employs Marcus as a technician. Marcus has worked there for 3 years. He is dismissed immediately without notice after being caught deliberately tampering with the oxygen sensors in the fish tanks, which is classed as gross misconduct. Sarah, another employee of 1 year, is dismissed because the company is closing its kelp harvesting division.
Question: What is the legal term for Marcus's type of dismissal?
Scenario: 'DeepBlue Aquaculture' employs Marcus as a technician. Marcus has worked there for 3 years. He is dismissed immediately without notice after being caught deliberately tampering with the oxygen sensors in the fish tanks, which is classed as gross misconduct. Sarah, another employee of 1 year, is dismissed because the company is closing its kelp harvesting division.
Question: What is the legal term for Marcus's type of dismissal?
Answer options:
A.
Constructive dismissal.
B.
Wrongful dismissal.
C.
Summary dismissal.
D.
Redundancy.
How to approach this question
Identify the key facts: immediate dismissal without notice due to gross misconduct. This defines summary dismissal.
Full Answer
C.Summary dismissal.✓ Correct
Summary dismissal occurs when an employer dismisses an employee instantly, without providing statutory or contractual notice. This is legally permissible only when the employee has committed an act of gross misconduct (such as deliberate sabotage), which fundamentally breaches the employment contract.
Common mistakes
Confusing summary dismissal with wrongful dismissal. Summary dismissal is a lawful action if gross misconduct occurred; wrongful dismissal is an unlawful breach of contract by the employer.
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