1. As the person, responsible for labor relations at Barrera Recycling Company, articulate a case to support your contention that there was just cause for the discharge of Erin McNamara. In the collective bargaining agreement under Article XX Section 1, there is list of the causes for immediate discharge. Out of the fourteen causes that are listed, McNamara has committed five of the causes. McNamara has disobeyed the rules that applied to safety and disobeyed her supervisor when she was reprimanded the first few times. There was a neglect of duty, in the case of sleeping during a safety lesson and reading a magazine while on duty. She refused to comply with plant rules, in that she did not follow the safety rules that require employees to
Norris- the plaintiff had worked decedent's farm, worked the soil, and harvested and marketed the produce. Plaintiff, working primarily without the decedent's aid, and drove the produce to various markets. She handled all finances and deposited them in the couple's joint banking account. Finally, the evidence showed that the decedent, an alcoholic, depended almost entirely on plaintiff's work in the produce business and as well her care of him while he was ill.
Ans. 6 The Court can overrule the decision for terminating Paul as he was not involved in the scheme. Due to his honesty he even admitted to be aware of the scheme. Moreover, no fraud was found in his facility and he should be held responsible for the warehouse for which he is in charge. Furthermore, higher management should be held responsible for not keeping an eye on the activities of supervisors at different locations.
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
McKenna violated the Title VII of the Civil Rights Act and was completely liable for his actions. Similar cases such as Burlington Industries, Inc. v. Ellerth & Faragher v. City of Boca Raton(1998) – Employer is always liable when a hostile environment is created by a supervisor that results in tangible employment action (e.g., termination). It is a also evident from the case of Harris vs. Forklift (1993)- psychological damage not necessary for illegal “hostile or abusive environment” that a “reasonable person” would find hostile or abusive support that Mr. Mckenna is liable.
Sharkey can make a prima facie showing that her complaints about the Suspect Client were protected activity and that was a contributing factor to her termination and whether JPMC can prove by convincing evidence that it would have taken the same unfavorable personnel action in the absence of that protected behavior.
There was evidence shown that the unfair dismissal requirements were the furthermost conflicting and inconsistent from the manager’s perspective. The Fair Work Act applied unfair dismissal requirements for entirely workers, regardless of the population of workers in the business (Chapman, 2015). The Fair Work Act presents two cases that dismissal could be reasonable, including other dismissal and summary dismissal. In the first case, the law offers a sequence of stages such as concluded checklist, copies of notice, declaration of dismissal and a witness announcement with signature that managers must follow with the intention to reduce the problem (Chapman, 2015). In the second case, managers may dismiss a worker without notice due to theft or fraud. As the consequence, the amount of cases in relation to unfair dismissal has risen significantly since the Fair Work Act implemented as law. In addition to the growing records of cases in relation to unfair dismissal, the judgements from Fair Work Australia showed some contradicting clarifications of the Fair Work Act (Chapman, 2015). According to an example, a business in Albury- Wodonga had dismissed an employee due to the breach of occupational and safety laws after an employee continually denied to wear safety glasses at work (Sloan, 2011). However, after checking the worker’s reinstatement, the Fair Work Australia stated that the worker had a family and he has found it challenging to
At the time of discharge there was not a reason given. However, there had been several months of turmoil prior to this imminent discharge. After having read through the appeal paperwork it seems the discharge reasons were: alcohol consumption on the job, refusal to do what was asked (insubordination), and tardiness. All of which, and then some, are addressed below.
Patagonia is a partner owned company that makes outdoor equipment, clothing and accessories. Its owners are Yvon and Melinda Chouinard, who founded the company 41 years ago as of 2015. The company employs 1,300 employees and nets $275 million in sales as of 2009. Yvon Chouinard sells products that are in line with his favorite pastimes, mountain climbing, surfing, and skiing. The owners also have built their company around their desire to preserve the natural environment.
Petco started out in 1965 as UPCO, a mail-order veterinary supply company in San Diego, California. In 1991, Red Ruff and Blue Mews became the companies official mascots. The Petco Foundation launched the first National Pet Food Bank in 2010. Today, Petco has over 50 years experience in the pet supplies industry, serving pets and owners with over 1400 locations, and online at petco.com.
Human resource management and the organizations in which it takes place are facing challenges from a changing environment. Hiring the proper people with the appropriate skills is an essential part of maintaining the workplace. Economic issues which include downsizing, organizational culture, productivity, ethics, demographics, and diversity plays a significant role when redesigning a company 's Human Resource Department. Success in the field of Human Resource requires an update of knowledge continually. Training, certifications, hands-on experience, and tactic knowledge helps to perform a difficult redesigning task with speed and sensitivity. Human Resource actions are comprised of but not limited to equal employment, staffing, compensation, benefits, labor relations, and safety. Ethical issues are
Even if it hadn’t been illegal, it still would have been unethical for Lupo to order the dumping of the waste. Ethics are the morals that guide a person’s actions. People have different morals that guide their behaviors, which makes ethics a subjective area. By looking at some ethical frameworks, we can see that Lupo’s order was unethical. First, consequentialism looks at the result of an action in determining if a decision is ethical (Lightle, Susan). By dumping the toxic waste, the creek became void of life (Hardrock Case). That area can no longer support wildlife, including any fish that lived in that creek. The creek also spills into the Mahoning River so the toxic waste also affects any areas along the river’s path. Since the action leads to a negative result, the dumping of the waste was an unethical decision.
Background: Waste water treatment plants are essential to communities of all sizes and must work efficiently. Waste water treatment plant primary priority and responsibility is the treatment of incoming sewage water by the removal of biological and chemical wastes so it can be treated and recycled for future use. There are many government agencies and standards set forth to govern and observe the successful treatment of sewage, such as the Department of Environmental Quality, the National Pollutant Discharge Elimination System and the Clean Water Act of 1972. Compliance and constant monitoring of the treatment plant’s operations are important as they protect the surrounding community. A spill or backflow of sewage due to a complete system malfunction could potentially be detrimental to the environment and local community.
Case Study:Hindustan Unilever Limited. Hindustan Unilever Limited (HUL) is India's largest fast moving consumer goods company, with leadership in Home & Personal Care Products and Foods & Beverages. HUL's brands, spread across 20 distinct consumer categories, touch the lives of two out of three Indians. They endowed the company with a combined volume of about 4 million tonnes and sales of Rs.10,000 crores.
The mining industry is a billion dollar industry that has been around for years. Miners and business insiders know exactly how lucrative the business is. In calendar your 2016 a net profit of $US20 billion was the aggregated profit for global miners. Mining comes at a cost and the deaths of miners is one of the costs. One of the most disastrous mining accidents took over 1500 lives. Still over the world needs miners. To prevent accidents the mining industry has stricter safety regulations. At the same time the industry has also had technological improvements. The stricter safety regulations and technological improvements in mining are
The XYZ Corporation was established in 2004 and their main office is located in Vancouver, BC. The company’s main objective is to create new innovating technology for media devices, computers, and digital music players. They deal with the design, manufacturing and marketing of the products. XYZ Corporation has been providing Canadians with groundbreaking technology throughout the years and continues to create new technology to provide others with top-level technology. Although, recently their success rate has appeared to drop rapidly due to a number of factors that will be explored throughout this case study. Their main objective is to target the problems so that they can work towards having the issues resolved as quickly as possible. If they do not take any course of action, the state of the company may be in extreme danger. This case study is designed to explore the areas of the company and discover the problems blocking the XYZ Corporation from success.