LABOUR AND INDUSTRIAL RELATIONS MISCONDUCT INTRODUCTION Misconduct could be a serious offence titled to be an unacceptable behavior by an employee or professional person. Misconduct can lead either to be a major or minor offence depending on the offence made by the person. In a misconduct case, the basic ruling is that the employer must prove beyond any doubt that the employee is guilty of the offence. Taking this into view it must be understood that the employee does not need to prove his innocence but the employer need to prove his guilt. Decision making is the back bone behind any business activity. Without decisions, nothing moves and business leaders tasked with making them need the right information to ensure they are taking the right type of action. SULNAYAH MOHD ISA V. SEKOLAH KANAK-KANAK PEKAK SELANGOR & ANOR [1999] Case laws have defined the meaning of misconduct to be any conduct on the part of employee which is inconsistent with the faithful discharge of his duties, or any breach of the express or implied duties of an employee towards his employer. It is also known as a form of improper behaviour or an intentional wrongdoing or a deliberate violation of a rule or standard of behaviour. In the case of Sulnayah Mohd Isa v. Sekolah Kanak-Kanak Pekak Selangor & Anor [1999] 6 CLJ 234 and 235 where the High Court decided inter alia: An employer cannot terminate the services of a worker during her probationary period. However, a dismissal could be effected
No, I do not believe an employer is required to have a bulletin board. My company does not have a bulletin board; with the use of technology such as email and intranet websites, a traditional bulletin board is not needed.
Violations of Company X rules of acceptable behavior will be viewed as misconduct, which upon review can constitute immediate suspension. Pending further review and investigation some
4.) Employee Compliance to the Code: The entire staff is expected to be compliant to the rules and regulations set forth by Company X. Reported accounts of non-compliance will lead to an internal investigation of both the accuser as well as the accused; disciplinary action will necessarily follow if company rules and regulations have not been adhered to or improperly dismissed. Granted that there are many different situations that could arise in which one would believe unethical behavior or misconduct transpired; therefore, it is suggested that first the issue in question is evaluated before presenting to one’s direct
N.M. 575,577,555 P.2d 696,698 (1976): “ Misconduct” is limited to conduct envincing such wilful or
The company can opt for litigation in this charge by former employee alleging constructive discharge.
Additionally, Section 8 proscribes federation fraudulent labor procedures, which include, in accordance to legal interpretation, failure to provide a reasonable representation to all participants of the bargaining constituent. (Office of the General Counsel, National Labor Relations Board, 1997)
Physical evidence, information from a reliable source, or a professional’s opinion, of work related misconduct or illegal activities occurring are valid reasons for investigations. “Employers’ intrusions on constitutionally protected privacy interest … investigations of work-related misconduct, should be judged by standard of reasonableness under all the circumstances.” O’Connor v Ortega, 107 S. Ct. 1492 (U.S. 1987).
This paper is composed for the individual assignment for week 2 of the MBA 633 Legal Issues in the Workplace course. The topic for this assignment consists of the differences between ethical and legal business issues. This paper will provide answers to questions related to employee behavior away from the office, and the Foreign Corrupt Practices Act and bribes. Both topics have been presented in the form of video cases (video 93 and 98) found in the Cengage digital video library.
Malfeasance-“wrongdoing, especially by a public official.” (merriam-webster.com) Example (as found on post site) an officer soliciting and engaging sexual intercourse with a 17year old female.”
A. Conduct of an employee, whether on or off duty, may reflect directly upon the Office. It is, therefore, the policy of the department to require all employees to conduct themselves in a manner that does not bring discredit to the Agency.
Ethical theory will be outlined in relation to the example case with discussion on how the case poses an ethical dilemma in the workplace. Additionally ethical theory will be considered in light of the case with
Accounting and management are the major pillars of an organization that contributes to the country’s economy. Introduction of AICPA Code of Professional Conduct helps in controlling the business operation especially in the accounting and management departments. Accounting and management fraud have been experienced whereby through corruption or other means, entrusted managers and accountants tend to be selfish in undertaking their duties. These factors are well addressed by the AICPA Code of Professional Conduct principles. Therefore, the study seeks to introduce two case studies whereby the management fraud have been experienced. Furthermore, the study will incorporate the use of AICPA Code of Professional Conduct in controlling the situation to ensure harmonious business operation in the management.
What is the role of management and unions in society today? How has this changed in the last 100 years?
The National Labor Relations Act (NLRA) started in July 1935 to protect the rights of employees, rather, they be union or nor-union employees (Pozgar, 2012). The employees are protected under the Act or may employ in bubble-like, rigorous goings-on in situations other than the customary union organizations and cooperative bargaining. The National Labor Relations Board regulates the employers from interfering with the rights of the employees to implement or organize and join with a groups that offers assists with collective bargaining purposes like organization union or joining one (Pozgar, 2012). The employer may not restrain, coerce or stop employees
In the U.S. labor relations, a group of employees who desire to bargain collectively rather than individually, are those who typically form a union (Dooley, 1957). This demonstrates to the employer that the majority of its employees support the union and the organizing process begins. First, employees cannot form a union without abiding by certain basic procedural steps and legal standards that are required. Decisions to vote against or for a union are based on factors such as satisfaction with their job, beliefs of the effectiveness of the union, and the culture or social environment in which the employee works. Next, when an employer exerts undue punishment to an employee who the employer suspects as being an illegal alien, this may be poor public policy. From a legal perspective, a recent federal court case, Singh v. Jutla & C.D. & R. Oil, Inc., 214 F. Supp. 2d 1056 (N.D. Cal. 2002) spoke to this issue. In this case, when the plaintiff Singh filed a wage claim under the Fair Labor Standards Act (FLSA), the employer fired him and reported him to INS as an illegal alien (Labor Law, 1969). Likewise, the union certification process which was established by the National Labor Relations Act (NLRA) in 1935 was a victory for workers waning union representation upon its initial implementation. Workers could petition the National Labor Relations Board (NLRB) for a determination made democratically of whether a majority of workers favored unionization (Labor Law, 1969). This effort