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Gender inequality in the work force
Gender inequality in the work force
Gender inequality in the work force
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EMPLOYMENT LAW
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Table of Contents
Task 1 1
1.1 2
1.2 3
Type chapter title (level 1) 4
Type chapter title (level 2) 5
Type chapter title (level 3) 6
Introduction Throughout history there
Task 1 1.1 Employment law plays a significant part in any legal system, regulating the legal interaction between employer and employee. With a workforce of over 30 million, the importance of UK employment law is more than evident, having both a social and economic impact. As such, adequately regulating such a complex matter relies on a broad series laws and regulations that provide the sources of employment law. The sources of employment law are as follows:
• Common Law
• Primary
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This dismissal is due to the fact that the work needed for a contract of employment to exist is no longer available or, as the case may be, needed.
In the event of cessation of business, employees dismissed because of cessation will be redundant. Cessation need not be permanent, as even temporary ones can amount to redundancy (Gemmell v Darngavil Brickworks Ltd [1967]. At the same time, if the cessation is partial, only those employees affected by it will be redundant.
If business is relocated, and the employers is no longer doing business in the previous location, where certain employees where hired, they are qualified for redundancy (Bass Leisure Ltd v Thomas [1994] IRLR 104, EAT).
All redundant employees may file a redundancy claim to the Employment Tribunal, under certain conditions. (c) Employees may also decide to end the employment contract, with the reasons for departure being either positive or negative. In the face of prolonged harassment from the employer, employees decide to resign. Legal practice has demonstrated that this qualifies as an unfair dismissal on the part of the employer, with the employee's rights protected by statutory law (Dunnachie v Hull City Council [2004] IRLR 727).
Task 3
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Acknowledging one's weaknesses in regards to equality and diversity may be the first step in improving those areas of employment. Google is one company that has taken that approach to equality and diversity, by publicly displaying statistics regarding diversity in the workforce (Google, 2014). A disparity between the percentages of male and female employees is evident, with the majority of the company's employees being male. This disparity is also present in terms of racial diversity. This honest approach to equality of chance in employment, coupled with some active measures could reduce the gap between sexes and could help improve the racial diversity within the
Cañas, K. A. & Sondak, H. (2011). Opportunities and challenged for workplace diversity: Theory, cases, and exercises. Upper Saddle River: Pearson Prentice Hall.
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
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
Examples include rumination of an employee due to drug use and layoffs during times of downturn (Noe, Hollenbeck, Gerhart, & Wright, 2014, p. 305). Voluntary turnover is turnover initiated by the employee, often when the organization would prefer to keep them (Noe, Hollenbeck, Gerhart, & Wright, 2014, p. 305). Examples of these are employee retirement, or when an employee takes a job at a different organization. Both turnovers are costly to the organizations, training new hires takes time and money and replacing those works is expensive. Employees that left because of extreme job dissatisfaction can deliver bad publicity and shine an unfavorable light towards the organization in which the employee
punishable by removal, or, if the agency refuses to remove the employee, by forfeiture by the affected state or locality of
Bennett, Alexander, Hartman (2003), Employment Law for Business, Fourth Edition I., The Regulation of the Employment Relationship, The McGraw-Hill Companies.
Sloane. A. A., Witney, F. (2010). LABOR RELATIONS (13th editions). Prentice Hall. Upper Saddle River, NJ
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.
Employment at will is a law that is present in all fifty states in the US; although, in Montana there requires a stated cause for termination. Employment at will creates dissent among employees when they have been terminated for a cause that is thought to be unsubstantial or when no cause is given. There are pros and cons to the presumption, and employees and employers have different views. Employment at will means that the employer can terminate an employee at any time, for any cause without warning. However, even an at-will employee cannot be terminated because of discriminatory reasons. Employment at will also means that an employee can leave a job at any time without the fear of facing any legal consequences. An employer can also change the terms of employment without notice and no penalties. Throughout this paper, the two sides to employment at will will be discussed, and different examples of employment at will cases will be given. At its most basic, employment at will is not the best path because it can create feelings of violation and betrayal in the employee and can create a negative public opinion or loss of profit for the business.
to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s...
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
Labour and Employment Law. Cincinnati, OH: South-Western Publishing Company.
An employer may dismiss an employee for a fair reason - this means the dismissal is substantively fair and if the employer has followed a fair procedure - the dismissal is procedurally fair.
In this case, Saito Sdn. Bhd. unilaterally terminated the benefits enjoyed by Roslan. When Roslan believes that her employer is accused of breaching an implied term of the employee’s contract of the employment as her employer had removed the benefits from her and generally it clear that the employee is no longer important. Therefore, constructive dismissal occurred. In this situation, Roslan was advised that make a formal complaint to her employer requesting that the problem be rectified. For instance, Roslan should write a formal letter to her employer asking for the reinstating the previously benefits. If no satisfactory rectification is made, the employee can walk off the job. The law of constructive dismissal requires the employee to leave in a timely manner. She must not delay too long.
Suffield, L., & Templer A. (2012). Labour Relations, PH Series in Human Resources Management, 3rd Edition