Employment Law and Contract Laws - Essay Example

? EMPLOYMENT LAW By Lecturer: of Affiliation: and Employment Law Introduction Employment laws are significant because they attempt to deal with the legal rights of both workers and employers at the place of work. Employment law addresses the paradox encapsulated in the slogan that labor is not a commodity; thus, the laws regulates employment relation for the two principal purposes in ensuring that they function successfully as a market transaction and at the same time protect the rights of workers. The aim of employment law is not principally or exclusively to protect workers from exploitation but also to protect the rights of both employees and employers. Many problems arise in the contemporary working environment some of which are complex; thus labor laws play significant roles in ensuring that these issues are addressed in an effective manner. Any resolution will be complex and contested; hence from the view point of Karl Marx, Marx believed that no completely satisfactory resolution is possible without a total revolution in social-economic system. Marx could have been right but the employment law in the 21st century attempts to balance the logic of the market system with the liberal aspiration of ensuring that individuals are treated with respect and impartially, as well as, have the opportunity to construct meaningful lives. In most cases, contract laws are applied in workplaces because they are vital and are legal aspects that tend to formalize an agreement in more than two parties. Question One: Many issues arise in the workplaces especially where many employees have varied issues such as health problems and many others. Some employees have complicated health issues that may hinder effective performance of the company and Michael’s case is among the common cases arising in the contemporary workplaces. Addressing these issues in a pragmatic manner requires clear and effective understanding of contract laws. Contracts are agreements which have lawful objects entered into voluntarily by two or more parties; thus they intend to create legal obligations among the parties (Twomey, 2013, p. 87). The contract should be acceptable, have an offer, mutual consideration and it should have a legal capacity vital for creating mutuality of obligation (Collins, 2010, p. 91). The contract laws take into considerations varied range of matters such as employment terms, real property sale issues, independent contractor relationship, intellectual property issues and settlement of disputes in the workplace. The contract law demands that all workers with a contract of employment or an employment relationship should receive basic working employment conditions vital for enabling them to work effectively in the working environment. Therefore, the case of Michael should be addressed by focusing on the contract law especially the employment conditions in the work place. Each industry has its own policies that demand employees to meet them but the labor employment law should also be taken into considerations. The contract law offer mutual recognition rules vital for assisting free movement of workers. Although these mutual recognition rules exist, more subtle impediments found in the informal practices and conventions in recruitment continue to produce much less internal movement within the workplace (Collins, 2010, 139). These principles can be challenging but only under the general principle of free movement of employees. However, in the case of Michael, there is need to focus on the contract laws and adhere to them, but the employer should not also deprive him the mandatory employment rights applicable in the state where the work is being performed. It is vital for Michael to come up with a clear agreement with the human resources about his work because health is also important for any worker working in any organization. The labor laws focus on the rights of employees including health and safety in the working places and rights; hence, the human resource manager should provide Michael a permission to first seek medical attention and this will enable Michael to perform his duty effectively. The multifaceted form of contemporary industrial and business organisation allows workforce to work under a diversity of legal arrangements which may be completely agreeable to all concerned bodies but which are complex to rationalize into well distinct categories necessary for the purpose of legal analysis. Therefore, it is the task of the employment tribunal to establish the true relationship among the parties; thus in case there is a contractual document, the answer will normally be found therein (Emir, 2012, p. 79). Employees have a right to better health; thus Michael should seek permission in order to get proper medical attention. Health and health living has gradually become significant both in the society and in the place of work for the past few years. Employers are now taking a broader analysis of health at work so that health issues such as alcohol, stress, smoking and many other health related issues are being considered beside conventional occupation health issues such as chemical hazards, noise among others. Many workers suffer from varied health related issues that may impact effective organizational performance; thus it is vital for their employer to offer them permission to seek effective medication first. The contract law requires employers to tackle work-related health issues in order to enable their employees to work effectively. Therefore, there are health and safety laws, which demands employers to carry out risk assessment, as well as, put significant measures in place to reduce these risks. The employment laws especially the labor act of 1996 protects employees from suffering detriment or dismissal in certain circumstances relating to health issues; thus it offer rights for employee on medical suspension (Collins, 2010, p. 120). Employers need to make realistic adjustments to working conditions or effective workplace condition that would help in accommodating people with health complications. In addition, compliance with the contract laws is not the only reason that will enable an employer to avoid taking action in tackling work-related health issues. Much health related issues at the workplace can not only impact the performance of an employee but also affect relations between employees, employers and their representatives. Therefore, employers should deal with health related issues at the workplace effectively and fairly. Therefore, Michael has a right to access for permission to seek proper medical attention because performances are likely to suffer resulting to higher employee turnover and additional expenses of recruiting or training new staff members. Mansfield (2012, p. 121) argues that it is crucial for organisations to have effective health and safety policies or practices. Consultation with the employees and trade union representatives in drawing up these policies or practices, as well as, a clear commitment from management to support them are likely to be the most effective means of creating a culture within the work place where these health and safety issues are given adequate attention; thereby, ensuring that the health of employees does not impact work performance. Michael can seek advice on health problems at the workplace from legal offices and the human resource manager should understand that a healthy workforce is likely to contribute to more productivity. Michael has a right to access to better health in order to avoid being discriminated by his fellow colleagues at the workplace. It is not also fair for his employers and fellow employees to treat him differently. There are equality laws that protect people against discrimination of all kinds and this law covers also the contract workers. For instance, in case one has serious health conditions that may impact his or her day-to-day life activities for a long period, then this might be considered as a disability act under the employment law. It is the responsibility of Michael to seek legal aid of approval for breach of contract. However, the claim must be outstanding on the termination of the employment of an employee, which is the moment in time when the employee ceases to work for the employer (Emir, 2012, p. 15). Question 2 Problems can frequently occur in workplaces and applying common sense is typically the best device for solving workplace issues. The earlier the issue is dealt with the better a course is followed, the less likely it is that outside support will be required. The case of Jimmy vs. Sam is among the common cases that arise in the contemporary workplaces but handling it effective will enable the human resource manager to find better solutions. Therefore, human re source managers should follow a better procedure for dealing with problems arising in the workplace and should make sure that workers are aware of such issues. Employers and employees should deal with each other in good faith; thus in particular, an employer should have a good reason and follow a fair process prior to taking disciplinary action or making a decision of ending someone’s employment. Employers and employees are obliged to deal with each other or treat each other fairly, reasonably and in good faith (Collins, 2010, p. 131). This in wide terms means that both employers and workers should act plainly, sincerely and without concealed or ulterior motivations. They should raise issues in a fairly manner and be constructive, as well as, cooperative in order to come up with clear solution to the mater that arises in the workplace. Moreover, once a problem have occurred in the workplace, it is vital for employees and employers to agree on any matters which can meet both their interests as long as they are within the law. At any point, parties can agree to look for a mediator who can help them in making recommendations in relation to the matter or they can alternatively ask the mediator to make a binding decision to resolve the matter. This is vital because it can help them to reach an agreeable conclusion which meets the interests of both parties. However, a clear procedure can be followed for issue resolution, which is outlined in any employment agreement. It is vital for the HR manager to follow a clear problem-solving process, which can help in protecting the rights of both employees and offer information to support decision making. It can be significant in case the HR manager ensures that the problem does not get worse through misunderstandings between Jimmy and Sam. In some instances, the problem decision making process can cause the breakdown of Jimmy and Sam’s relationship and this can lead an employee to claim unfair treatment. Therefore, it is significant for the HR manager to follow the process correctly in order to ensure that both Jimmy and Sam are treated fairly. The employment laws are effective because they offer guidelines vital for enabling human resource managers to solve work place issues effectively. It is the role of employer to follow effective steps in dealing with a problem that have emerged in the workplace. Therefore, human resource manager should try in good faith to resolve the problem that arose in the company before making a conclusion to dismiss Sam. It is vital not to jump into conclusions when such kinds of issues are first raised in the workplace; thus everyone should make decisions fairly and each side should be investigated in order to gather adequate information. The human resource manager should think before acting and sensitive issues should be dealt with in a confidential way. For instance, the HR manager should conduct investigations effectively and make efforts of addressing the underlying reasons or the cause for the problem that resulted in the company. It can help in case a third party is present as an eyewitness when a problem is handled in order to avoid confusions. It is vital for an employer to investigate any allegations of misconduct thoroughly and without prejudice because this will help in solving work disputes. Unless there has been misbehavior so serious that it necessitates immediate dismissal, the employee should be given clear standards to aim for and a genuine opportunity to improve (Twomey, 2013, p. 152). Dismissal is a termination of job given to a worker by a manager and it is meant for punitive actions; however, a clear procedure should be followed and there should be a justifiable or a superior reason for a dismissal. Therefore, the human resource manager should follow clear steps and ensure that the clear process is followed before offering a dismissal letter to Sam. Otherwise, Sam may have a personal grievance claim against his employer because employees have labor laws that protect them from unfair treatment from their employees. The fairness depends on the circumstances; thus any relevant provisions in the employment agreement should be followed. Mansfield (2012, p. 123) argue that employees have the right to information such as the right to be informed or told what problem is and that dismissal or any other disciplinary action taken upon them is a possibility. It is also vital for an employer to offer a genuine opportunity to allow their employees to defend or tell their side of the story before an employer makes a decision. In this case, Sam could have been left to defend himself and the employer could have taken adequate time to investigate any allegations of misconduct thoroughly and without prejudice. The employment law requires an employee to demand a written statement form from an employer revealing the reasons for dismissal within a certain period of time. In case an employer fails to do so, then an employee has a right to raise a grievance within a certain limitation period. Most cases involving employment law have been brought in employment tribunals but there have been a small revival in the recent years where claims seeking the old common law remedies (Emir, 2012, p. 433). The actions may be brought for wrongful dismissal as in the case of Jimmy vs. Sam; therefore, the damage based on a failure by an employer to follow contractual disciplinary procedures. The measure of damages may be the loss suffered by an employee as a result of failure; thus employment law may protect the rights of an employee (Twomey, 2013, p. 132). In case an employer acts unfairly towards an employee in manner that an employee has acquired a cause of action at common law prior to a subsequent dismissal, the common law action is not barred by the fact that the employee has brought a statutory unfair dismissal claim (Emir (2012, p. 433). Therefore, an action for wrong dismissal is difference from a claim for unfair dismissal but there may be an overlap in some instances. However, it should be noted that the sole issue in a wrongful dismissal action is whether or not an employer had broken an employment contract. Conclusion In conclusion, in question one, the project attempted to reveal varied aspects that Michael can take into consideration in order to tackle issues affecting his work. The research indicated that addressing workplace issues in a pragmatic manner requires clear and effective understanding of contract laws. Therefore, Michael has a right to access for permission to seek proper medical attention because proper health can contribute to effective work performance. He can also seek legal aid of approval for breach of contract because employment laws aim to protect the health of employee, discrimination and among other human right sat the workplace. In the second question, the research project attempted to offer varied ways that should be taken into considerations before jumping into conclusions in case any problem arise in the workplace. The researcher argued that it is vital for employees and employers to agree on any matters which can meet both their interests as long as they are within the law. Moreover, an employer should investigate any allegations of misconduct thoroughly and without prejudice because this will help in solving work disputes. References Collins, H. (2010). Employment Law. Oxford: Oxford University Press. Emir, A. (2012). Selwyn's Law of Employment. Oxford: Oxford University Press. Mansfield, G. (2012). Blackstone's Employment Law Practice 2012. Oxford: Oxford University Press. Twomey, D. P. (2013). Labor & Employment Law: Text and Cases. Mason, Ohio: South- Western Cengage Learning. Read More