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Eassy sexual harassment at workplace
Eassy sexual harassment at workplace
Eassy sexual harassment at workplace
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Introduction
Employment law is in place to provide a fair and secure working environment for employers and employees. Rules and regulations and strict rules on how employers should treat employees in the workplace. Many employers and employees are often unaware of how many rules and regulations are covered by the employment law, which confuses employers and employees. Many aspects of the employment law mean that employees can take legal action against unfair treatment.
The report will focus on employment-related matters: employment contracts, termination of employment relationships and discrimination in the workplace.
Overview of Employment Law in Canada
In Canada, the power to enact laws is divided between the federal government and the provincial
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In the absence of a written agreement, the employment relationship will be governed by common law. The employment agreement can limit the employer's expensive common law severance payment and can expand the employee's obligations to the employer. Moreover, the certainty of the written agreement is beneficial to both parties. The employment agreement must be in accordance with the applicable standard of employment legislation. The parties can not leave these standards. Conditions that violate the minimum standards are invalid. If there is no enforceable written condition, the common law will …show more content…
And the employer can not withdraw from the contracted minimum standards, such as the minimum notice period, must provide the termination of the contract, can be used to limit or exclude the common law concept, otherwise apply.
• The last question is that the employer does not have to issue a dismissal notice if there is a justification for dismissing the employee. "Justified" refers to the behavior of an employee and is in fact a denial of an employment contract. Whether the employee's behavior constitutes a "justification" depends on the particular environment. The behavior of the instance may only be due to disobedience, arrogant, guilty absenteeism, poisoning and sexual harassment.
Discrimination and Harassment at Workplace
Discrimination in the workplace is now one of the world's most controversial issues. Among the many findings, there are many strong allegations of discrimination. In particular, gender bias and racial discrimination have become common in most developing countries.
Gender
In a study, Li writes, “Healthcare team performance may be hindered due to the different cultural backgrounds of the nurses” (2014, p. 316). A report mentions that the IENs have less confidence in providing culturally competent care to the patients of the different culture due to lack of understanding of health beliefs, values and behaviors of that culture (Lampley, 2008). For instance, in Philippines, most of the decisions are made by the doctors. Nurses just follow doctors’ order in decision making (Tregunno, et al., 2009). But in Canada nurses are required to be more assertive and actively involved in decision-making and have more responsibility and accountability regarding patient care. Further, Canada is a multicultural country and
Sex Discrimination in the American Workplace: Still a Fact of Life. (2000, July 01). Retrieved from National Women's Law Center : www.nwlc.org
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
New graduates entering the work force need to know and understand their rights and employment contracts, and the responsibilities of their employer in ensuring that employment standards and laws are met. Young graduates such as myself need to know how as an employee we are protected and supported by the government’s Employment Standards Act (ESA) and how the changes proposed to the Act will affect and benefit both the worker and the employer in the workplace. The changes to the Act being considered will better reflect the realities of today’s workforce and will protect and support not just young people going into the work place in Ontario, but all workers specifically with the new changes to wages, dress code and uniforms and overtime.
Both the common law and the statutory law have recognized the weaker position of consumers. It is well established an exclusion clause will be valid and enforceable only if it is incorporated in the contract, use clear wordings and does not contravene statutory limits. In order to limit the unfairness resulting from exclusion clauses, the courts have developed certain principles such as the doctrine of non est factum in signature cases, ‘red ink-red hand’ principle in relation to ‘onerous or unusual’ terms, contra proferentem rule when interpreting ambiguous exclusion clauses and ‘fundamental breach’ principle.
Companies have found a way to protect their mutual interests by creating the Employment-at-Will Doctrine. In this doctrine employees and employers acknowledge a voluntary relationship based upon employment. Unless there is a contract or exception between the employer and employee, the Employment-at-Will Doctrine is a legal judgment supported by companies that permits an employer the power to terminate an employee on any basis; other than an illegal one or no reason, without legal responsibility (N.C Department of Labor). The doctrine authorizes an employee to depart from a position or job, at any time, without reason void of any legal consequences (Muhl, 2001). An employer has the authority to make changes to their terms of employment without
The Employment Act in Singapore is an act that covers every employee who is under the contract of service to their employer except employees engaged under managerial and executive levels or domestic workers. If either party intends to end the contract, they may do so with a notice of their motive of termination. Employees may need to serve a notice period before leaving, which ranges from 1 day to 1 month.
Most of the time employment agreements are "implied" in ways such as verbal statements or actions taken by the employer and employee, through company memoranda or employee handbooks, or via policies adopted during the employee's employment. All states recognizes at-will employment, some states place limitations on it. At-will employment means that either the employer or the employee is free to end the relationship at any time, with or without advance notice, and for any reason (or no reason) at all. The only stipulation to at-will employment is that employers may not base their decision to terminate the working relationship on discriminatory
Part 2 of Employer Duties and Rights- management rights, subcontracting, just-cause discipline and discharge, and safety standards.
Workplace harassment is unwelcome actions that are based on a person’s race, religion, color, and sex, and gender, country of origin, age, ethnicity or disability. The targets of the harassment are people who are usually perceived as “weaker” or “inferior” by the person who is harassing them. Companies and employers can also be guilty of workplace harassment if they utilize discriminatory practices against persons based on ethnicity, country of origin, religion, race, color, age, disability, or sex. These discriminatory practices have been illegal since the passing of the Civil Rights Act of 1964 (Civil Rights Act of 1964), and have been amended to be more inclusive of other people who experience discrimination by the Civil Rights Act of 1991 (The Civil Rights Act of 1991), and most recently, President Obama’s signing of the Lilly Ledbetter Fair Pay Act of 2009 (Stolberg, 2009).
Harassment and discrimination claims are due to lack of education about the subject. As an independent human resources consultant, Santiago-Santos will organize a local education campaign and provide employers with different trainings to educate them and their employees about harassment and discrimination. Employers will have a better understanding on how to develop internal policies and procedures to address these claims. Also, trainings will be provided for employees and they will be educated on how to prevent and identify harassment and discrimination as well as what steps to take in order to report such behavior.
There are many different ways in which women are discriminated against in the workplace. The exclusion of women altogether solely due to their gender is a now rare example of how women are discriminated against. Although women have gained overall access to the workplace, sex discrimination still persists in additional ways. There multiple examples of potentially unlawful gender discrimination that women face. Hiring and firing are the first two problems women often face within the workplace. An example of this is woman applying for a job in which they have experience and excellent qualifications, but are not hired because some of the company's clients are more comfortable dealing with men. Woman often get told that they are laid off or fired due to company cutbacks and reorganization, even though a man in the same job with less seniority than the woman gets to keep the job.
The society and more so those in workplaces are still grappling with what it means to outlaw sexism and racism. This paper shall try to extrapolate on this issue by conducting an interview with a person who has been a victim of both sexism, racism, and stereotyping at their station of work. While conducting this interview it revealed some unfortunate insights to the issues of racism and sexism at places of work. Firstly, for the issues of racism, it is still a problem in many of the workstations.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.