Introduction
Employment law or labour law as it is historically concerns regulations in the workplace. That is, it creates rights and responsibilities in the employment relationship, between employers and employees. It is often suggested that it relates to a cycle, an ever-revolving motion involving three tasks – creating, maintaining and terminating employment. “Creating employment involves recruitment and selection of employees, maintaining employment involves contractual terms and conditions or statutory rights and terminating employment includes dismissals and potential litigation” (Hardy and Upex, 2006, p.1).
Therefore, “employment law forms the large body of laws, administrative rulings and precedents which comprises all areas of the employer or employee relationship” (Haynes and Boone, 2002). In the sphere of individual employment law, the Employment Rights Act (ERA) 1996 is the primary legislation dealing with, inter alia, the law relating to: unfair dismissal; redundancy; notice rights; protection of wages; protected disclosure; time of work; maternity, adoption and parental leave. At the collective level, the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) and the Employment relations Acts 1999 and 2004 (ERelAct) concerns, inter alia, the law governing trade unions, their relationship with their members and employers, industrial action and collective bargaining, including important area of the statutory recognition of trade unions contained in Schedule A1 of the Act.
Employment law issues at Fresco Supermarket
Though no much information is given in concern of Fresco employment issues, this civil case will be based on the law of tort where a wrong of negligence is evident. If an employee is injure...
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...and succumbed to a psychological illness.
Conclusion
From the above cases laws and facts argued, personal injuries at Fresco Supermarket are witnessed during work to their employee Alan. This resulted from a client coming to shop on a scooter. Consequently Alan suffers a psychological illness caused by both personal injuries and discrimination or harassment by the co-workers; and worst still on reporting to the manger no action is taken. These are evidenced by the weight loss and strange behavior Alan demonstrated after the accident. Moreover, he has also succumbed to a job loss therefore he needs to be compensated for loss. Basing my advice on the facts, Alan has sustained a personal injury thus he deserves to be compensated for general damages that resulted from any personal injury sustained and special damages as compensation for actual financial loss.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
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.
I hail from Ukraine, the country that is still not a member of the European Union, nevertheless is definitely a European country. Therefore, I have always been interested in the EU laws, policies, priorities, regulations and so on to contrast Ukrainian reality with that of the EU states. Now I live and study in the country I have always had an innate and subconscious love to – the USA, the country known as the country of big opportunities. As the result, I became increasingly interested in the US laws and regulations, in particular employment and labor laws. To combine these two passions I decided to prepare a paper that compares the US and EU labor and employment laws.
...e Bargaining, Managerial Prerogative and the Protection of Workers Rights: An Argument on the Role of the Law and Regulatory Strategy in Australia under the Workplace Act 1996 (Cth). Retrieved on April 9, 2013, from http://www.google.co.ke/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&ved=0CDAQFjAA&url=http%3A%2F%2Fwww.law.unimelb.edu.au%2FE8812500-7599-11E2-84E10050568D0140&ei=t0RkUdT0K62V7Ab48IC4Bw&usg=AFQjCNEfV17R8n5eNatsPXKQRxB9bqvUig&bvm=bv.44990110,d.ZGU.
In short, Lochner vs New York is a labor law case, however it brings up the question of when the line should be drawn with judicial action, the interpretation of the 14th amendment, and how our constitution should be viewed. Joseph Lochner is the owner of a bakery in New York and he is charged with violating New York’s Bakeshop Act. The Bakeshop Act was enacted unanimously through New York legislation in 1895 to protect bakers. Bakers worked in dreadful conditions and often worked extensive hours. The Bakeshop Act prohibits bakers from working more than 10 hours a day and 60 hours a week, furthermore it improved working conditions for bakers.
..., (21 and over). The Employment Rights Act of 1996 has included benefits UK’s citizens with four weeks paid yearly leave, sick pay, maternity and father leave. All employees are legally entitled to 5.6 weeks paid holiday time per year. All employers are responsible of their employee’s health and safety care. Adults are limited to 48 hours per week of work. Direct/indirect discrimination or harassment is not tolerated as well as favoritism. Age, disability, sexual orientation, race, religion, etc. are all factors. The UK is in progress for a plan of terminations.
If you are like the majority of managers operating within labor contracts then you can relate to the frustration that accompanies the labor grievance process. For the most part, grievance policies are set to be mediating faucets that allow for a clarification or even a compromise between employer and employees. Yet, what takes place absent a clear understanding of the true purpose of the grievance process may be a whirlwind that brings about much aggravation and frustration between both parties. What follows are three effective methods in ensuring that your company’s approach in dealing with grievances is not distorted or manipulated.
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
The Employment Act consists of many regulations which acts as a basis with regards to payment of salary, conditions of service including rest days and working hours and also leave entitlements including sick leave and childcare leave. It serves to protect the basic rights of the employees and even the employers and it is essential for both parties to follow these regulations to avoid any convictions against them. Each part of the Employment Act has its own set of implications and benefits to either parties.
Right to work laws have been around since 1935. These laws are little tricky and require some research because the name has little to with the laws. Right to Work laws was first seen as the National Labor Relations Acts in 1935. This bill was signed and became law by President Franklin Roosevelt on July 5, 1935. This law established the National Relations Labor Board and addressed relations between unions and employers in the private sector ( ).
Right to work laws in the U.S are fundamentally statutes in the U.S states that allows worker to have the freedom of choose, to join or to not to join union in a unionized workplace (Collins, 2012). Under these laws, the employee is also not compelled to contribute to any part of union fees while receiving similar benefits as union’s members who make their contribution. In essence, right to work law aim is to provide regulation on the contractual agreements between labor unions and employers, and between the employee and the union. This paper seeks to make simple clarification of the right to work laws following the recent debates in the recent past.
At first, the data of the tort claims declined in the recent years. Then, some victims do not know they could receive the compensation. Finally, the ‘compensation culture’ myth was created by the mass media and public organizations. Whilst there are a few advantage with ‘compensation culture’. The lawsuit will be more ‘defendant-friendly’ and protect the commercial companies, which is good for the business and economy. At the same time, the myth caused many problems for the society. Such as the excessive risk aversion, which result a cloud on voluntary and socially useful activities, teachers will feel more risk and pressures with children activities (Tingle, 2011). Or the government waste the tax for changing the tort law polices. Whether the ‘compensation culture’ exists, which may be not important. However, It is important that the negative involvements are appeared by the