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Employment Law - Essay Example

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Employment law Introduction Interactions between members of a society involve initiatives that initiate rights and obligations. Similarly, interactions, when not regulated, may lead to breach of rights of parties. Law, defined as a set of rules and regulations, governs relations between parties in a society by establishing legal rights and wrongs…
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Employment Law
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Download file to see previous pages This paper seeks to discuss the employment law. Based on a case, the paper will explore relevant legal principles in employment law with the aim of advising a party over possible claims. Facts of the case Kareen has been employed at Coombes & Partners architect firm for six years, a period in which she has served as a receptionist and has been offering exemplary services. Her mother is currently ill, having suffered from a stroke, and has for this reason moved to stay with her, forcing Kareen to double up as a care giver at home and an employee. As a result, Kareen wrote to her manager to request for a variation in working conditions that include change in reporting time and departure time. Besides request for fewer daily working hours, she also requested her working days to be reduced from five days a week to four. Her request was however rejected by her manager on grounds that her line of duty is normally busy during morning hours and that a late reporting time could not therefore be granted. The manager further noted that the organization’s policy does not allow receptionists to work on part time schedules. A male trainee, Audio, at the firm has also been making verbal suggestive advances towards Kareen. The trainee has also reportedly patted Kareen on her bottom, an act that offended her. Though she reported the issue to her manager, no action was taken. The trainee, then in a separate incident, tried to kiss her by force. In reaction, Kareen hit him forcing him to fall on a desk. Adio reported Kareen’s reaction and the manager summoned her for a hearing. In the hearing, that Kareen describes as intimidating, Adio accused her of hitting him without a reason and denied any sexual advancement towards her. The manager then gave her a dismissal letter to which she did not appeal due to her anger. Issue One of the issues to be determined in the case is existence of an employee’s right to a flexible working condition and the circumstances under which the employer can violate such a right. Another issue to be determined is existence of sexual harassment and the nature of liability that is induced by acts of sexual violence. Termination of an employment contract is also an issue for determination. Rules and application Kareen, as an employee, is legally entitled to flexible working conditions as provided for by the law and based on the facts that she has worked for the organization for a period of six years. Based on the provisions of the Employment Rights Act1, Kareen has a right to apply, to her employer, for an option to work under conditions that are more flexible. Such conditions may include shorter working hours or rescheduled timetable with respect to reporting times as well as the times at which she may leave work. Chandler explains that such a right would be extended to Kareen if she were a parent or a guardian who is responsible for the care of a child who is younger than six years or a minor who has been identified with a disability. Based on a written application, Coombes & Partners is therefore legally obliged to grant such request unless there are serious negative consequences that the enterprise may suffer for granting the flexible condition. Such reasons, however, must be communicated.2 Lewis and Thornbory however categorically specify that all employees are entitled to the right to flexible working condition if reason for application is for care of a relative. According to the authors, an ...Download file to see next pages Read More
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