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Questions and Answers
What is the primary purpose of the conciliation act?
What is the primary purpose of the conciliation act?
Which body is responsible for overseeing the conciliation process?
Which body is responsible for overseeing the conciliation process?
In which case is a conciliation procedure NOT mandatory?
In which case is a conciliation procedure NOT mandatory?
What is the first step in initiating the conciliation procedure?
What is the first step in initiating the conciliation procedure?
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What role does the conciliator play during the proceedings?
What role does the conciliator play during the proceedings?
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What is the legal status of the conciliation agreement once it has been reached?
What is the legal status of the conciliation agreement once it has been reached?
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If a company does not adhere to a settlement reached during conciliation, what immediate action can the worker take?
If a company does not adhere to a settlement reached during conciliation, what immediate action can the worker take?
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What specific details must the worker include in the conciliation form?
What specific details must the worker include in the conciliation form?
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When does a company receive the summons to attend a conciliation proceeding?
When does a company receive the summons to attend a conciliation proceeding?
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In the context of the conciliation act, what is the consequence of not presenting the conciliation paper when required?
In the context of the conciliation act, what is the consequence of not presenting the conciliation paper when required?
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According to the provided content, what is the primary scope within which workers provide their services?
According to the provided content, what is the primary scope within which workers provide their services?
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Which of the following is NOT explicitly described as a component of an employer's managerial power, according to the text?
Which of the following is NOT explicitly described as a component of an employer's managerial power, according to the text?
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What distinguishes a 'collective dismissal' from other forms of dismissal?
What distinguishes a 'collective dismissal' from other forms of dismissal?
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Which scenario is NOT grounds for objective dismissal within the context of the content provided?
Which scenario is NOT grounds for objective dismissal within the context of the content provided?
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According to the content, what constitutes 'disciplinary dismissal'?
According to the content, what constitutes 'disciplinary dismissal'?
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What is the consequence of a disciplinary dismissal regarding compensation?
What is the consequence of a disciplinary dismissal regarding compensation?
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According to the document, which of the following actions by an employee could potentially lead to a disciplinary dismissal?
According to the document, which of the following actions by an employee could potentially lead to a disciplinary dismissal?
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What is the stated obligation of workers in relation to the employer's instructions?
What is the stated obligation of workers in relation to the employer's instructions?
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Which of the following is considered a transgression of 'contractual good faith', according to the provided material?
Which of the following is considered a transgression of 'contractual good faith', according to the provided material?
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In the context of dismissals, what is the relationship between 'dole' and 'compensation'?
In the context of dismissals, what is the relationship between 'dole' and 'compensation'?
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Study Notes
Dismissal Unit 11
- Employers have the power to manage and control workers
- Workers provide services within company organizational structures
- Workers must follow employer's instructions
- Employers have rule-making, control, disciplinary/sanctioning, and police powers
Types of Dismissal
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Collective Dismissal:
- Economic, technical, organizational, or production-related causes
- Affects a specific number of workers over a set period
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Objective Dismissal:
- Worker's ineptitude or lack of adaptation to the job (known or subsequent to placement)
- Inadequate adaptation to job requirements or modifications
- Economic, technical, organizational or production-related causes
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Disciplinary Dismissal:
- Repeated/unjustified failure to attend work or be on time
- Indiscipline or disobedience at work
- Verbal or physical offenses (against employer, coworkers, or family members)
- Contractual good faith violation or trust abuse in work performance
- Reduced work performance
- Regular drunkenness or drug addiction (negatively impacting work)
- Harassment based on protected characteristics (race/ethnicity, religion, beliefs, disability, age, sexual orientation)
Conciliation Act
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Conciliation is a prior, compulsory administrative procedure before the Mediation and Arbitration Service
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Designed to resolve disputes amicably without court proceedings
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Worker presents a conciliation form to SMAC outlining facts and claim
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Dismissal, disciplinary actions, and payment issues require conciliation
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Recognition of rights (e.g., professional category, seniority) also require conciliation
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Procedures:
- SMAC summons both parties for a hearing
- Parties present claims and seek agreement
- Conciliator mediates to find a satisfactory solution
- Settlement leads to an enforceable agreement, allowing enforcement if the company doesn't comply
- Non-agreement lets the employee pursue legal action in court.
- Company absence constitutes a waiver of conciliation rights.
Effects of Dismissal
- Fair dismissal: Employer's justifiable action
- Unfair dismissal: Employer's unjustified action
- Null and void dismissal: Legally invalid action
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Description
This quiz covers key concepts related to the dismissal of employees, including the powers of employers and the types of dismissal: collective, objective, and disciplinary. Understand the specific conditions and examples that apply to each type. Test your knowledge on employer-worker dynamics and dismissal protocols.
