Responses to Three Employment Law Encounters Essay

Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Treton represent discrimination and harassment? What elements of law are important for Treton to consider?

than $5.15 an hour. Overtime pay at a rate of not less than one and

Collective bargaining, as its name implies, is achieved when two or more parties come together to make a decision about something. Specifically, it is achieved when employers and a group of employees work together to decide important terms and conditions regarding employment. These terms and conditions include compensation as well as rights and responsibilities of employees, employers, and unions. They can also include guidelines for resolving problems such as grievances and disputes (Budd, 2010, p. 13).

The National Labor Relations Act (NLRA), also known as the Wagner Act, was enacted in Congress in 1935 and became one of the most important legacies of the New Deal. Prior to the passage of the NLRA, employers had been free to spy on, interrogate, discipline, discharge, and blacklist union members. Reversing years of federal opposition, the statute guaranteed the right of employees to organize labor unions, to engage in collective bargaining, and to take part in strikes. The act also created a National Labor Relations Board (NLRB) to arbitrate deadlocked labor-management disputes, guarantee democratic union elections, and penalize unfair labor practices by employers. The law applied to all employees involved in the interstate

As the Vice President of Human Resource for Moore Beer, Inc., it is my duty and responsibility to direct all of Moore Beer, Inc. employees in accordance with the company 's policies and procedures as well as abide by all the laws that are put in place to protect employee’s rights. Moore Beer, Inc. has suffered a decrease in sales profits, as a result the company is reducing its workforce. The President of the company asked me to look into the five employees listed below and decide who to terminate as well as provide the reason why the termination is necessary. My job is to terminate three out of the five employees.

1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case.

3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.

Employers have legal obligations, when drawing up a job description. The law states that employers must not discriminate against a persons, age, race, sex, religion or disability.

Facts of the case: Imagine you are an HR manager and your boss and owner of the company, Bill, comes to you suspecting his assistant, Paige, is stealing money from the company. Bill would like a polygraph test conducted to see if Paige is stealing from the company. He would also like you to conduct electronic surveillance on Paige’s work e-mail for anything suspicious.

The aim of this early conciliation is to encourage as many cases as possible to settle ‘compromising’ the claim through a settlement agreement (previously called a ‘compromise agreement’) an agreement achieved through Acas conciliation (a ‘COT3’). Appendix 3 is an early conciliation Flow Chart (ACAS)

Todd (2012) has interviewed employer association representatives and examined their public statements and submissions. From her research, she questions whether the changes to the industrial relations system that employer associations advocate would enhance productivity. With regard to issues such as penalty rates and job security, there is evidence that these relate to cost cutting and enhanced managerial prerogative rather than productivity. Discuss

Complaint from Sue: I was told that since there were forced redundancies and that I was just a majority race person in the workforce, I would be let go. This is ‘reverse’ discrimination. I'm going to sue.

"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office in each region

The story in the “Shown the Door” article really highlights the issue of age discrimination in society today. Those who were older and had been at the company for a long time were being paid the most, so they were the first to be let go when they wanted to lay off employees. Donetta Raymond had to deal with significant ramifications of this discrimination. They would not rehire discharged workers when they were hiring again and she was too offended and upset to take the severance pay, just like several other former employees.

Lack of proper transmission of communication to the employees by employer (AFFCO) that whether the Waitangi Day is going to get celebrated on Saturday or Monday , that further created disputes amongst them.