Business law Essay Example | Topics and Well Written Essays - 2000 words - 2

Business law - Essay Example The company has grossly violated the contractual terms of the agreement they signed with Mark (Walsh, 2006, pg. 544). The grounds for Mark’s dismissal are that he refused to accept orders from his boss. It is noteworthy that the two have a long history of misunderstanding and criticism of each other’s leadership and professionalism. Whereas Mark accuses his boss for poor leadership and undue targeting with more work, Rebecca thinks that Mark is unprofessional in his attitude towards work (Walsh, 2006, pg. 544). Much as the company felt that they should dismiss Mark, they needed to follow due procedure provided for in the law and anchored in their contractual agreement. The claim that Mark shall use to win the case are many. First, Mark will need to prove that for the 12 years he worked for the company, he has never had a disciplinary issue and the misunderstanding between him and his boss are just based on dissenting opinion on how they perceive situations (Walsh, 2006, pg. 544). This is a valid reasoning because at every workplace, employees must not satisfy the perception of their bosses. Furthermore, the differences between Mark and his boss can better be resolved through conflict resolution mechanisms within the company, which were not even activated before his dismissal (Walsh, 2006, pg. 544). ... Therefore, when the company desires that Mark should work overtime, they should discuss and agreed how compensation for overtime work shall be done (Walsh 2006, pg. 212). The approach Rebecca gave Mark that he should remain behind and work overtime should have been done in a better way. There was supposed to be an agreement signed to dictate how any work that Mark does overtime shall be compensated. Furthermore, there is nowhere in the contract where Mark was to work overtime (Walsh, 2006, pg. 108). Whereas it was better for Mark to show respect for his boss, this was not going to be possible through forcing him to work overtime disregarding plans that he might have had for the evening. Thirdly, Mark shall argue against the procedure the company followed to dismiss him. Mark will show that the company violated his employment and contractual rights. The company is entitled to give Mark 12 weeks’ notice before they dismiss him according to their contractual agreement. Therefore, the company violated this agreement thus leading to wrongful dismissal (Korn and Sethi, 2011, pg. 8). While arguing this case, the mark shall need to prove that the wrongful dismissal has caused him several challenges. The dismissal has caused him to lose his source of income immediately putting him into dire financial problems. Furthermore, he has the rights to seek legal redress on this matter. Mark will need to prove that through the legal process he should be allowed to access the remedies he has. The remedies he has for a wrongful dismissal include reinstatement and compensation (Korn and Sethi, 2011, pg. 8). Therefore, this is a strong case against the company because disciplinary procedures do not form part of Mark’s contractual agreement with the company.