In message , Adrian
writes
>scorpiowulf (scorpiowulf@googlemail.com) gurgled happily, sounding much
>like they were saying:
>
>> Also, since I'm posting, my boss fired an agency worker who barged a
>> door open after going out for a cig when he wasn't supposed to, knocking
>> down my boss's secretary and giving her back pains. Would that be unfair
>> dismissal?
>> She knows she could sue us for personal injuries, but I don't think she
>> will.
>>
>> Any help you could suggest would be fantastic!
>
>Everybody's answered the first half, but ignored the second half.
>
>The "agency worker" is not employed by your company, so he hasn't been
>"fired" - the contract between your company and the agency for his
>services has been terminated. Whether the contract covers the reason or
>not is another matter - but I'd be surprised if it wasn't perfectly
>legit. Certainly, there's no grounds for an unfair dismissal claim -
>there _may_ be breach of contract grounds from the agency, but I'd think
>it unlikely.
However, if the job has not ceased to exist, cancelling the contract
with the company may also involve being forced to offer that same
employee the same job through the next agency according top previous
discussions here.
--
Mike_B |