ACCA考试辅导:F4模拟练习
Question:Laura has been employed by Sporty Knives Ltd since 1.3.X9. Her contract states that in her first two years of employment, her employment will only be terminated on the grounds of theft or redundancy. She is given 1 week's notice for disobedience on 31.7.X9.
What rights has she?
A. She may claim against Sporty Knives Ltd under statute for the fact that they have not given her the minimum notice.
B. She may claim against Sporty Knives Ltd for wrongful dismissal because they have not given her the required notice.
C. She may sue Sporty Knives Ltd for breach of contract.
D. She may claim unfair dismissal.
The correct answer is: She may sue Sporty Knives Ltd for breach of contract.
She has been dismissed for a reason that is not included in her contract of employment as a reason for dismissal.
She may sue the company for breach of contract.
解析:The minimum notice period under statute for an employee who has been employed for between one month and two years is one week. Laura has been given one week's notice.
Wrongful dismissal is a breach of contract claim for dismissal without notice. The minimum notice period under statute for an employee who has been employed for between one month and two years is one week. Laura has been given one week's notice.
Because Laura has not been employed for 12 months she cannot claim unfair dismissal.