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In the case study, there are very serious violations of the law that are evident. In the first scenario, Paul faces direct sex discrimination, work place harassment and victimization. Under the Equality Act 2010 S11, sex is a protected characteristic for both male and the female. Under section 13(1) of the same act, it is unlawful to treat an individual unfairly on the grounds of sex. Such act amounts to direct sex discrimination. Paul in this case faces direct sex discrimination. This is evident in that Paul’s boss is never interested in training him for the job he was doing. Most banks of the world do train their employees before they start working because banking jobs are very demanding. Paul is further harassed by his boss. She shouts at him and down talks him in front of the customers. Shouting and use of abusive words in workplaces is a form of work place harassment (Swarnalatha, 2013, p. 2). Harassment and victimization in the place of work carries the same weight as discrimination. However, in some cases, work place harassment and victimization are not prohibited by the law no matter how abusive they can be. In such cases therefore, the employees are protected by the Trade Unions. Under the Trade Unions and Labor Relations (Consolidation) Act 1992, the trade unions are adequately defined and equipped with adequate powers to protect the employees from any form of workplace harassment, victimization and any form of discrimination. Also, under the Transfer of Undertakings (Protection of Employment) Regulations Act 2006 S1 (246), the right to continuity in employments is well covered in the Act and therefore Paul has a right to go back to work.
On the other hand, Amy is directly discriminated. Under the Equality Act 2010 S11, Religion is yet another protected characteristic. It is against the law to discriminate a
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Workplace Law- Case Study The case states that no formal contract or agreement was signed between the employee, Jane Jones and the employer - T Total Mechanic Management Services Pty Ltd. However, according to Common Law, when any firm agrees to hire or employ an individual a contract of employment is said to have been made, regardless of whether it was formally signed or not.
Therefore, since the business environment considers information as a vital asset, it has come to depend increasingly on infrastructure that protects information in a way that ensures business sustainability (Collins, 2013). The legal environment that consists of laws, policies and regulations that help organizations guarantee the protection of the integrity, confidentiality and availability of their information and information systems.
To be able to determine whether Mary is said to be an employee or the independent contractor under this common law, there must be careful examination of the relationship between the worker as well as the business. The evidence of control that are all possible including the independence must also be considered and the determination of an employee-independent contractor, thee should also be consideration with all the information that may provide the evidence in the degree of control as well as the independence' degree.
The lady became very agitated and angry at Tom's "hard sell". She said, "Look if i say I don't need anything, I mean it. I know you have to meet your target, to get your commission and fancy holidays but not at my expense". Upon this, Tom replied: "I don't need to take this rubbish from you.
A novation ordinarily arises when a new individual assumes an obligation to pay what was incurred by the original party to the contract and the original debtor is totally released from the obligation, which is transferred to someone else (Law Encyclopedia).
Since there has not been a proper procedure undertaken by Biosynth to establish whether Parveen and Joshua's behaviour or actions were minor acts of misconduct or grave acts of misconduct, the two employees remain as such until a proper termination and dismissal occurs.
For example, the worker has to be clear about her preferences, her expectations in the form of salary, perks, privileges, leaves etc. The company on its part, will judge the suitability of the individual by correlating her expectations, her abilities and company's position.
1 statement represents a 'contractual document.' As has been decided in Robertson and Jackson v British Gas Corporation by the Appellate Tribunal, simply by signing to a Sec. 1 statement the employee cannot be held to have consented specifically to a variation of the earlier agreement of mobility obligations.
After the termination of his contract, the judges wanted to establish whether it could be a case of discrimination and hence a violation of the Act.
The evidence that was produced supported the case as it was clear that the
hts, the laws seek to protect for the welfare of the employees are anti-discrimination, favorable conditions of work and the minimum wages of all the employees of the UK. The employees are also protected against undue dismissal; from a work and assurance of redundancy
2 Pages(500 words)Case Study
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