Saturday, June 15, 2019
Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 2
Employment Law - Essay ExampleThis paper seeks to discuss the employment law. Based on a font, the paper will explore relevant legal principles in employment law with the aim of advising a party over possible claims. Facts of the case Kareen has been employed at Coombes & Partners architect stanch for six years, a period in which she has served as a receptionist and has been offering exemplary services. Her mother is currently ill, having suffered from a stroke, and has for this reason moved to stay with her, forcing Kareen to double up as a care giver at home and an employee. As a result, Kareen wrote to her passenger vehicle to entreat for a variation in functional conditions that include change in reporting time and departure time. Besides request for fewer daily functionals hours, she also requested her working days to be reduced from five days a week to four. Her request was however rejected by her charabanc on grounds that her line of duty is normally busy during mornin g hours and that a late reporting time could not therefore be granted. The music director further noted that the organizations policy does not allow receptionists to work on part time schedules. A male trainee, Audio, at the firm has also been making verbal suggestive advances towards Kareen. The trainee has also reportedly patted Kareen on her bottom, an act that offended her. Though she reported the issue to her manager, no action was taken. The trainee, past in a separate incident, tried to kiss her by force. In reaction, Kareen hit him forcing him to fall on a desk. Adio reported Kareens reaction and the manager summoned her for a hearing. In the hearing, that Kareen describes as intimidating, Adio accused her of hitting him without a reason and denied any sexual advancement towards her. The manager then gave her a dismissal garner to which she did not appeal due to her anger. Issue One of the issues to be determined in the case is existence of an employees chasten to a neg otiable working condition and the circumstances under which the employer can violate such a right. Another issue to be determined is existence of sexual harassment and the record of liability that is induced by acts of sexual violence. Termination of an employment contract is also an issue for determination. Rules and exertion Kareen, as an employee, is legally entitled to flexible working conditions as provided for by the law and based on the facts that she has worked for the organization for a period of six years. Based on the provisions of the Employment Rights Act1, Kareen has a right to apply, to her employer, for an option to work under conditions that are more flexible. Such conditions may include shorter working hours or rescheduled timetable with respect to reporting times as good as the times at which she may leave work. Chandler explains that such a right would be extended to Kareen if she were a parent or a shielder who is responsible for the care of a child who is y ounger than six years or a minor who has been identified with a disability. Based on a written application, Coombes & Partners is therefore legally obliged to grant such request unless there are serious negative consequences that the enterprise may suffer for granting the flexible condition. Such reasons, however, must be communicated.2 Lewis and Thornbory however categorically specify that all employees are entitled to the right to flexible working condition if reason for application is for care of a relative. According to the authors, an
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