interoffice memorandum to: CEO from: Human Resources subject: Constructive Discharge Claim date: 7/15/2011 A. In this case constructive discharge as a legal concept is relevant to the former employee’s claim because the work conditions were intolerable. Constructive discharge is generally when working conditions are so intolerable as to amount to a firing, despite a lack of a formal termination notice (Contructive Discharge Law & Legal Defintion, 2011). The allegations from the former employee that this company’s work conditions are unpleasant, the management’s demands are outrageous, and there are signs of favoritism and discrimination are all substantial. B.
Redundancy and dismissal disciplinary procedures are put in place so I cannot be unfairly punished or dismissed. 1.2 The reason why legislation relating to employment exists is to protect and that correct procedures are followed for me the employee and for my employer. For example discriminations act this is in place so employers and employees cannot be discriminated for the sexuality or background. 1.4There are many places I can get advice and information
Hardage claimed that he was constructively discharged because of hostile work environment. US Supreme Court put liability on CBS to assert affirmative defense (Walsh 286). The company can successfully assert affirmative action in this case. 2. The legal issue to be decided The issue is about the sexual harassment of an employee by his supervisor.
The implied duty of fidelity protects business interests and imposes a obligation employee must not disclose any information or trade secrets of their employers business. Throughout the course of employment, an employer will obtain information, which may possibly be confidential information. If an employee’s position is highly ranked then there will be possibilities that the employer has acquired potential confidential business information that may be disclosed this type of situation will need to be addressed and employers will need protection. In Thomas v Farr plc. , the categories of information was sectioned out to address what type of information is not to be disclosed when the employment contract has ended.
In the primary interest of our entity, its incumbent upon employers to find a right balance between the exceptions to the employment-at-will doctrine to avoid liabilities associated with the violations of the exceptions. The company in this scenario has grounds to terminate the supervisor, but I would issue him/her a written warning hoping that this situation can be resolved among us within our company. This is the case where the potential act of whistle blowing would help reveal the wrongdoing of the business world. I strongly believe that it takes a special person with strong morals to take the ramifications of whistle blowing. Losing a prized job, having to down size your life, and your life being wide open to scrutiny are effects of whistle blowing.
Men are just as susceptible to sexual harassment as women. Again, it is important that human resource managers properly train all employees on the policies and laws regarding sexual harassment. Have annual reviews of the policies and laws that include any updates. Allowing the employees to know the consequence that will be rendered should they violate the company policies is important as well. Many people find a grey area in sexual harassment.
The mediation communication will be confidential and participants should sign the paper to agree with the terms and conditions that will end the controversy. The goal of the mediation is to avoid the conflicts within the team members and create a cost- effective resolution of
The petitioner, Vance, alleged that Davis, whom Vance claimed was her supervisor, had created a racially hostile work environment in violation of Title VII. Under EEOC’s guidelines, it states that for harassment to be unlawful “the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people” (Harassment). Furthermore, if the harassment stems from a supervisor, the company is held liable for the harassment charges, in this case Ball State University (BSU) would be held liable but only if Davis was indeed the supervisor. In this particular case, Davis and Vance are mere co-workers and the only way BSU would be held accountable is if they took no action against complaints filed by Vance, which they did follow through
This suggests that the people are a wear of the inequalities and just become followers. This affects the workers buy them knowing that they are going to make low wages for doing hard work. Uncertainty Avoidance Index Mexico's highest Hofstede Dimension is Uncertainty Avoidance (UAI) (82), indicating the society’s low level of tolerance for uncertainty. In an effort to minimize or reduce this level of uncertainty, strict rules, laws, policies, and regulations are adopted and implemented. The ultimate goal of this population is to control everything in order to eliminate or avoid the unexpected This means even the work place women are expect to look and act like women, this means suits that have skirts.
Harassment and bullying in workplace is a form discrimination, so this is an unlawful behaviour contrary to legislation about equal opportunities. My employer believes that every member of staff and clients has the right to work or live in freedom from the threat of racial discrimination, harassment, bullying or abuse of any kind. Identify sources and types of information and advice available in relation to employment responsibilities and rights. Contract, handbook, policy documents, terms and condition, job description, colleagues and related website. Outcome 2.