Question:
i) Sheilana has worked for Tuna Canning Ltd for 15 years. Last Monday Sheilana was called to the Manager's Office and verbally informed that her employment was terminated, she was given 2 weeks remunerations in lieu of notice and she was asked to leave the premises of Tuna Canning Ltd.
ii) Sheilana asked the Manager to explain why her employment contract was terminated. The Manager replied that he never signed any written agreement with Sheilana and therefore there was no contract of employment between Tuna Canning Ltd and Sheilana. The Manager added he did not owe Sheilana any explanation as to her termination of employment.
Advise Sheilana on the following issues:
(a) Is there a contract of employment between Sheilana and Tuna Canning Ltd in the present circumstances?
(b) Is there any legal duty upon an Employer to state the reason(s) of termination of employment of a worker under the provisions of the Employment Rights Act 2008?
(c) Does the 2 weeks payment in lieu of notice for the termination of the employment of Shielana with Tuna Canning Ltd meet the provisions of the Employment Rights Act 2008?
(d) Can the action of the Manager in the said circumstances be justified if he had merely told Sheilana that she was dismissed for misconduct? If not, why not?
(e) Sheilana wishes to enter a case for unfair dismissal and she is seeking advice as to which Court she should take her grievance?
(f) In fact Sheilana strongly believes that she was dismissed from work because she was an executive member of the Tuna Canning Workers Union (TCWU), which has threatened general strike if health and safety measures at work are not improved. Under such circumstances does Sheilana still have a legal course of action against Tuna Canning Ltd?