Nobody downloaded yet

Harassment in workplace - Essay Example

Comments (0) Cite this document
Harassment in Workplace – An Analysis “Answer to Question 1” When an employer infringes the employment contract provisions by dismissing the employees or compels him to leave the job, then wrongful dismissal occurs. In UK, the resignation by constructive dismissal in normal parlance would mean a wrongful dismissal…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER95.5% of users find it useful
Harassment in workplace
Read TextPreview

Extract of sample "Harassment in workplace"

Download file to see previous pages An employee with a minimum of one-year of continuous service can make a claim for an unfair or wrongful dismissal. An employee with less than one-year service can make a claim under common law provisions only. It is to be observed that the wrongful dismissal covers only the compensation of employee’s pay for the notice period. (“Thavarajah 2008: 57”). In constructive dismissal, there will not any dismissal from the employer. Actually, in such cases, the employee is driven out of his employment due to the scenario at his workplace. (“Thavarajah 2008: 11”). In Bouzourou v The Ottoman Bank1, Privy Council was of the opinion that an employee to consider himself as being terminated , if his transfer to another place made him vulnerable to disease or expose him to an aggressive peril of violence . (Thavarajah 2008: 10). In Wang Chee Hong v Cathay Organisation, it was held that in case of a transfer, which pushed back the plaintiff to a place of fewer responsibilities though with the analogues’ conditions where the plaintiff refused to accept that transfer is nothing but a dismissal. Thus, such relegation of accountability with its outcome of frustration and humiliation and loss of reputation among colleagues made it not possible for the plaintiff to continue the service in the organisation and hence, it should be regarded as dismissal. The identical views were also expressed in JF Bumpus v Standard Life Assurance Co Ltd2, Cox v Philips Industries3. (Thavarajah 2008: 11). The constructive unfair dismissal has been explained in Western Excavating (EEC) V Sharp4, where it would be regarded as unfair constructive dismissal if an employer is culpable of infringement, which goes to the very root of the contract or if he had shown an inclination no longer to be accountable by it. In such scenarios, the employee is empowered to consider the contract as ceased and himself being dismissed. In United Bank v Akhtar5, it was held that in a bank employee’s service contract stated that he could be transferred to any of its bank branches within the UK, and the employee turned down to move to Birmingham from Leeds branch at a shorter notice and hence resigned from the job and later, she claimed the constructive unfair dismissal. It was held by EAT in this case that the employee had been constructively dismissed, and his demeanour did not warrant that dismissal. (Scrope & Barnett 2008: 211). In Cape Industrial Services Ltd v Ambler6, when considering whether there has been an unfair constructive dismissal, the Court of Appeal was of the view that the following had to be taken into consideration. What were the significant conditions of the contract seemed to be infringed? Whether the details of the breaches have been made out. Whether breaches are fundamental in nature. If so, whether an employee has been driven to resign due to such a breach. Whether the employer has demonstrated any probable fair grounds for the constructive dismissals. Whether, in such scenario, the employer has acted unreasonably or reasonably in treating the grounds as an adequate one warranting dismissal. (Scrope & Barnett 2008:211). In Green v DB Group Services (UK) Ltd7, HC, compensation for stress oriented injury can be very liberal and in this case, a bank was held vicariously accountable for a continuous campaign of harassment and bullying witnessed by a female secretary who was awarded damages in excess of ?850,000. (Scrope & Barnet ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Harassment in workplace Essay Example | Topics and Well Written Essays - 2500 words”, n.d.)
Harassment in workplace Essay Example | Topics and Well Written Essays - 2500 words. Retrieved from
(Harassment in Workplace Essay Example | Topics and Well Written Essays - 2500 Words)
Harassment in Workplace Essay Example | Topics and Well Written Essays - 2500 Words.
“Harassment in Workplace Essay Example | Topics and Well Written Essays - 2500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Harassment in workplace

Sexual Harassment in the Workplace

...Sexual Harassment is a menace to the society and also to a business organization when it occurs within a workplace. Research shows that the victims are normally women and the paper therefore addresses the question whether sexual harassment might be one of the reasons why people, especially women are apprehensive about joining an organization. Methodology: The approach adopted is both qualitative and quantitative and primary and secondary sources have been used for research. A questionnaire was distributed to 50 participants in order to collect information about experiences concerning sexual harassment (either faced by them or witnessed). Findings and Inference: Majority...
12 Pages(3000 words)Term Paper

Sexual Harassment in the Workplace

...? Sexual Harassment in the Work Place Introduction The calling and use of an offensive name against a person is one that we often do not think twice about. The usage of an offensive name is one that I learned is covered under title VII of the Civil Rights Act.1 I learned this after calling a fellow employee a hot sexy number. The name was often used as a pet name. The other employees in our department then picked up the same and the employee the name was the order of the day. The employee has now brought a claim for sexual harassment under the title VII of the Civil Rights Act of 1964; This paper seeks to look at sexual harassment in the workplace under the above title, and the provisions that cover offensive language that amounts... to...
5 Pages(1250 words)Research Paper

Sexual Harassment in the Workplace

...?Sexual Harassment in the Workplace Task: Sexual Harassment in the Workplace Introduction It is apparent that contemporarily,one cannot switch the television on without hearing of cases that relate to sexual harassment in their workplaces. This extends that these cases that we witness or hear about from a media source regarding sexual harassment range from the case of a single individual complaining about sexual jokes being narrated in their workplace to the intricate cases that involve actual sexual harassment that includes issues of compulsion and control (Curvelo, 2011). Moreover,...
9 Pages(2250 words)Research Paper

Sexual Harassment in the Workplace

...? Sexual Harassment in the Workplace Sexual harassment at workplace is a big problem nowadays, mainly for the women. Because of the changingwork culture and organizational theories, women forced to even work in the night shifts without adequate protection from the employers. Liberty, equality dignity etc are the constitutional rights given to the women in most of the civilized societies; however, all these constitutional rights are hanging only on papers and the massacres against women are growing day by day. It is the duty of the employers to take necessary steps to ensure the safety of the women employees at their workplaces. Physical contacts and...
11 Pages(2750 words)Research Paper

Sexual harassment in the workplace

...?Full and number Sexual Harassment in the Workplace: A Rising Legal Tide The incidence of sexual harassment inthe workplace, while prevalent from the early days of women in sweatshops to modern offices, posed a problem for women who, without legal recourse, were often confronted on a daily basis with such discrimination. Until 1964 and the inclusion of such behavior in the Civil rights Act under Title VII, courts generally avoided the issue as an inappropriate responsibility to “delve into interpretations of human behavior” (Achampong, Preface IX). With the changes instituted by the 1964 Act, courts not only became responsible for interpreting what actions constituted...
6 Pages(1500 words)Research Paper

Managing Sexual Harassment at Workplace

... Address Phone Number Email October 27, of the Recipient Address Dear I would like to communicate my heartiestgratitude for getting an opportunity to work on this important topic. The basic and fundamental purpose of writing this essay is to find out the reasons that are known to contribute towards aggravation of sexual harassment at the modern workplace. I managed to learn that sexual harassment is just the manifestation of unmet sexual needs while, the belief of supremacy in males causes the featured behavior to increase manifold. Moreover, I also found that the attitude of management towards the issue significantly moderates its nature and intensity. However, the workplaces with closed doors are suspected to have higher degree... that the...
5 Pages(1250 words)Essay

Harassment in workplace

...Running Head: Harassment at Workplace Harassment at Workplace [Institute’s Harassment at Workplace This paper deals with the very important business issue that is work place harassment. “Harassment is an act that makes or feels some one in easy and uncomfortable” (Ontario Womens Directorate, 2000). Harassment can be because of gender, family, religion beliefs, looks, age, sexual preferences, etc. Even a small comment either positive or negative that one does not like is also harassment. Similarly work place harassment is when some ones boss, manager, supervisor, customer or patient harasses you while you are performing your job or on your path to or from work. Harassment cases may occur both on and off the job. They can occur... at the...
2 Pages(500 words)Essay

Sexual Harassment in the Workplace

...A Psychological View of Sexual Harassment in the Workplace Introduction The issue of sexual harassment usually provokes controversy, partly due to the fact that it can be perceived through a number of perspectives. Some view sexual harassment as a symbol of male dominance, while others perceive it as a typically undisruptive form of interaction (Paludi, 1999). The problem is that the label has been used to such a variety of behavior that its definition and implication has been largely reduced. Courts have proclaimed that the following forms of behavior may amount to sexual harassment forcing sex for work-related privileges; indecent proposals; sexually...
12 Pages(3000 words)Research Paper

Sexual Harassment in Workplace

...Dealing with Sexual Harassment in Pepsi Sexual Harassment in Workplace In Pepsi the incidents of sexual harassment are frequently evidence. Sexual harassment in workplace is defined as a type of sex against workplace ethic. Sexual harassment takes different forms ranging from physical or verbal contacts, sexual favors requests, advancement of unwelcoming sexual acts, and any act of sexual nature. Currently, the issue of sexual harassment has become a common problem in many organizations. This proposal aims in finding means of eliminating sexual harassment. Some people claim that they did not know the acts which amounts to sexual harassment and this proposal is aimed at creating awareness of the acts which a referred to as sexual... also be...
2 Pages(500 words)Essay

Harassment at the Workplace

...Harassment at the Workplace A workplace should always provide a conducive environment for every individual regardless of their sex, religion, race, disability, marital status, age, pregnancy, to name but a few. However, this is never the case. Often, employees find themselves discriminated against or harassed based on such subtle reasons disability, religion, etc. Discrimination occurs when an individual or a group of individuals are subjected to unfavorable treatment by another person or group of persons based on their background or certain perceived differences. Even though U.S. laws prohibit employee discrimination and harassment, the vice still finds homage in systematic or individual perpetrators. Based on data collected... from a...
7 Pages(1750 words)Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Harassment in workplace for FREE!

Contact Us