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There exist instances when such rules may be acceptable without being discriminative.
An English-only rule may only apply under justification of business necessity. That means that the employer may only use such a rule in as far as the employee needs to communicate in English to operate efficiently and to ensure safety. According to the Equal employment opportunities Commission, EEOC, English-only rules are justifiable in limited instances. According to EEOC, some of these circumstances that warrant the application of such rules include; a paid speaking position where one is meant to continuously speak to and English speaking audience, when communicating with customers and fellow employees who only speak English, during emergencies where there is need for a common language to ensure safety, where a supervisor needs to monitor employee’s performance, and for cooperative assignments that require workers to speak a common language for efficiency (Rutherglen, 2007).
An employer may be allowed to prohibit employees from using any other language apart from English when speaking to customers who speak only English. That would be to enhance communication with clients and ensure flawless business transactions. Also, the employer may require employees to speak English when addressing their colleagues who speak only English or who may not understand the language that such employees may be comfortable using (Rutherglen, 2007). During emergencies, there is need for there to be a common language that can be understood by all. That is to ensure safety for everyone. That also includes those working on or operating machinery, chemicals or items that may cause harm if not handled with care. In such circumstances, the employer may apply English-only rules as they would help safeguard everyone’s safety. For cooperative duty that requires employees to work in teams, English-only rules may come into application especially if some
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Besides,unfair dismissal occurs if the employer has not followed a fair procedure and has acted unreasonably in the dismissal of the employee.Under certain circumstances, employer must comply with the ACAS Code of Practice on Disciplinary and Grievance Procedure failing which the Employment Tribunal will find for the employee.
Introduction Two female employees of the company, namely, Janice Hall and Kelsey Fields have approached the Employment Tribunal with claims of unfair dismissal and wrongful dismissal after they were charged and dismissed by John Biggins, the Warehouse manager, after he had found an unopened new hard disk drive, in their jointly held locker.
In most cases, such duties are represented by a written agreement, which among other things may include a non-compete agreement. In this regard, if the former employee violates his general duty and contractual obligations, the former employee may deem it right to seek damages against him (Budden 17).
As per the employment role it was very important distinguished between employee and an independent contractor, as according to him, the law of employment is being governed by several factors. Different acts define the term employment various ways. Honeyball, in his book provided a different definition of employment and also analyze the factors which are associated with determining whether an individual is working as an employee or not.
The paper is divided into two sub sections : it gives a clear picture about the basic concepts related to holidays and leaves taken by employees in an organization. It identifies and defines the various clauses related to holiday pay as in – calculating holiday-pay, rolled up holiday pay and so on.
as the dismissal of the teacher on account of a letter written by him to a newspaper criticizing the criterion used by the board in school funds allocation between the athletic programs and educational activities. Further, Pickering expressed discontent in the methods used by
Marco must pay his own social security (FICA), FICA exercise, and federal unemployment compensation (FUTA), taxes. However, Consolidated Bank is responsible for federal and state income tax withholdings.
6. BRC Partners is a consulting firm. Sam and Arnie
This gives a clear picture on the terms and conditions that govern different organizations. There are a number of urgencies and organizations that protect employees at any company. At the same time, organizations are also protected when they abide by
econdly, the mean behaviour towards Barbara has caused serious issue as she has the right to make legal claim against whole team and the organization. It is unethical and unacceptable that the male employees assess the attributes of her body. Thirdly, it is more serious. Being a
The laws protect the employers too. The local, state, and federal laws are in place to guide employment in the United States. Each state has its employment laws, and Texas is not exceptional. The following is a brief
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