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9 - Dismissal

Published online by Cambridge University Press:  28 January 2010

A. C. L. Davies
Affiliation:
University of Oxford
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Summary

Most people place a high value on their jobs. Even if they do not enjoy their work, they need the income their jobs bring in. If they do enjoy their work, their jobs are a source of personal fulfilment and social contacts. And most employers value their workers. Their labour helps to make the firm productive and profitable. But this does not necessarily mean that the employer will want to keep the same individuals in their jobs for life. A downturn in the business might lead to a reduction in the firm's demand for labour. Or an individual worker might stop being productive, through illness or even laziness. Sometimes, individuals leave their jobs of their own volition, when they retire or move on to a better opportunity at another firm. It is when the employer wants to terminate a worker's employment against that worker's wishes that the interests of the firm and the interests of the worker come into sharp conflict.

Neoclassical economists would resolve this conflict in favour of the employer. The law should not seek to control the circumstances in which an employee is dismissed, because to do so would impose additional costs on the employer and make it more difficult to run a productive business. Legal intervention would ultimately harm other workers and the economy as a whole. In contrast, new institutionalists would argue that some legal control over dismissal could benefit employers. These writers suggest that employers have an interest in providing a degree of job security, because it will make their workers more loyal and, as a result, more productive.

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Publisher: Cambridge University Press
Print publication year: 2009

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  • Dismissal
  • A. C. L. Davies, University of Oxford
  • Book: Perspectives on Labour Law
  • Online publication: 28 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626968.010
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  • Dismissal
  • A. C. L. Davies, University of Oxford
  • Book: Perspectives on Labour Law
  • Online publication: 28 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626968.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Dismissal
  • A. C. L. Davies, University of Oxford
  • Book: Perspectives on Labour Law
  • Online publication: 28 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511626968.010
Available formats
×