In working company, there might arise many situations where the sometimes employer needs to adjust and sometimes employee. If a company is not run by the just machine, but also with the humans then definitely physical and mental accommodation needs can arise. An employee may have the situation like illness, disability or other different situation that makes them take off or vacation. These circumstances fall under the ground for discrimination, civil rights and or other human rights. Hence Employers are obligated to accommodate such facilities and make a workplace more accessible ad suitable for the employee to work. i) What employment violations has the employer committed, if any? In the given case, it is clear that Sally is a hardworking …show more content…
Civil rights violation The Civil Right law is the powerful piece of legislation, which protects Canadian from discrimination based on religion, sex, race, origin, illness or disability (HUMAN RIGHTS ISSUES IN CANADA, n.d.). Sally was first allowed to take the vacation but when she came back to work, she was replaced. Sally’s Civil Rights was …show more content…
Wrongful Demotion/Termination. Wrongful termination is defined as the legal phrase where an employer terminate employer without a proper cause and a reason (MyLegalAnswers, 2010). In this case, Sally was not told that she will be replaced, and also she was handed two weeks of notice so it violated. ii) Can Sally sue for damages? If Sally can sue for damages, what might the court consider when assessing damages? Yes, Sally can sue for damages. Sally is nonunion employee, been working for five years, Case study mentioned that she signed the new contract with new benefits, termination clauses by employer and employee and most importantly it says that Sally took this short-term leave funded through her benefits as outlined on the contract paper. If even written benefits from contracts have not given to sally Court will go against Employee. The court will Check Sally’s merit and work ethic. If civil right the investigate committee will be assign and take serious action against the employer. File an employment standards claim. While the decision of hiring the new employee and demoting sally from the given position and termination letter was the wrongful act. If it proved at court “Wrongful Termination”
The current manager reinstated employee to his position, but denied payment for the entire leave.
The company has the right to terminate an employee as long as the termination does not discriminate or
Sally may have a successful case against BUGusa, Inc., for what torts? Explain your answer.
The Plaintiff will be able to move forward with her suit against the Defendants in the areas of heightened-risk and negligence, here is why:
The court should take a look at what the partners said like, “she was sometimes overly aggressive” (Nkomo, Fottler, McAfee, 7 edition, p. 57). The judge should rule in favor of Thelma Jones because she is being sexually discriminated. The employer did in fact discriminate unlawfully because you’re not allowed to tell a woman to be more “femininely” just to get a higher position.
A similar case where an employee claimed unlawful termination in comparable circumstances is Megivern v Glacier Hills Incorporated. In this case the employee, Megivern, alleged that her employer, Glacier Hills Inc. unlawfully terminated her due to her pregnancy. The judgement was ultimately given to Glacier Hills Inc and the termination was sustained. Glacier Hills was able to show the reasoning surrounding Megivern’s termination by providing her performance records. Megivern was a less than desirable employee and the timing of her termination was not due to pregnancy (Megivern v. Glacier Hills
This inquiry will aim to explain the following question; how did civil war effect the fall of Rome? The time period of focus will be between 235 and 476 CE. The location will be Rome, Italy, the Mediterranean Sea, and the surrounding areas once held by the Roman Empire. This investigation will address the following issues; what were the effects of civil war and how these effects contributed to the fall of Rome. This topic is important from a historical standpoint because the fall of Rome transformed Italy and surrounding countries forever. This investigation will accomplish its goals through examination of the causes, effects, and consequences of civil war in relation to the fall of the Roman Empire using information from a variety of sources including books.
While discrimination in the workplace based on sex, race, national origin, and other such characteristics can certainly lead to wrongful termination, those types of claims are usually classified as a separate legal topic known as Title VII law (because they are based on protections found in Title VII of the Civil Rights Act of 1964). Companies may not terminate their employee because of their nationality, color, race, gender, religion, age, disability, or pregnancy. For the most part, companies have policies set up to which they must abide to when wanting to terminate an employee. The employment status of the employee
1. DePeters, Co. is sued for sex discrimination on the grounds that too few women are hired because fewer women than men achieve passing scores on a required manual dexterity and physical strength test. DePeters, Co. offers in its defense that even though fewer women score high enough on the test, a greater percentage of the passing women are hired. The company maintains that, as a result, the percentage of women in the workforce mirrors the percentage of available women in the labor pool. A group of women who took the test and failed file suit. Explain the basis for the cause of action, and analyze the merits of the cause of action, employer defenses, and likely outcome. Support your response with applicable
This case covers the mitigation of damages. An injured party’s damages may not be reduced by mitigation for her failure to accept or seek other employment of a different or inferior kind.
Civil rights refer to the constructive activities that the government must conduct to establish equality for all the citizens in the country. In most cases, the term is normally linked with the shielding of minority persons including women, Hispanics, and African Americans (Patterson, 2014). The civil rights are used to counterbalances the rule of the majority in a democracy, which normally disregards the minorities. Therefore, it ensures that all persons are treated equally regardless of their marital status, gender, or races in areas such as housing, education, and employment (Patterson, 2014).
The Applicant was a Philippine woman employed by a hotel under a s 457 visa. The Respondent terminated the Applicant’s employment via email while she was in the Philippines, referring to ‘grounds of misconduct’. The Respondent neither warned the Applicant nor gave her the opportunity to respond prior to termination. The Applicant brought an application for unfair dismissal under s 394 of the Fair Work Act 2009 (Cth) (‘the Act’) on the grounds that it was harsh, unjust or unreasonable.
An example of providing accommodations may be if the employee has to pray every Friday due to his or her religious beliefs so you allow the individual to come into earlier to work on Fridays and allow them to leave early to attend the prayers.
What if the employer dismissed an employee without following some procedures proscribed by the contract? The case of Gunton v Richmond-upon-Thames London Borough Council (1980) provided an answer on this matter, “if the contract
Identify and analyze the possible claims that Julie has against her employer. Identify and evaluate the legal basis for the claim, the potential recovery, and the likelihood of prevailing against her employer. (Points : 30)