Every country has a set of laws that take care of the employees in different working sectors. Many a times, employees find themselves being mistreated by their seniors in workplaces leading to poor job productivity, or even termination. The employment law takes care of the rights and obligations regarding the employer-employee interaction, and takes care of the current employees, new applicants, and the retired employees. The legal issues involved in an employment law are those related to wages, taxation, immediate termination, discrimination of any manner, and safety in workplaces. Even if most employment laws are governed by the responsible state and federal law, some employment terms are based on contracts between the employee and the employer and the state contract law is responsible for any contract obligation (FindLaw, 2012). It is important according to the law of employment for an employee to be issued with a written document from the employer, stating the terms and conditions in accordance to the responsibilities given. These responsibilities include: which should include: all issues pertaining payments, type of contract, the responsibilities given, and mode of compensation in case of an accident (National Employment Rights Authority (NERA), 1994).
Chris, who was once a reliable employee, developed some mind problems and could not perform as he used to. The employee had the right to work regardless of the situation he was in though Bill, the new boss, terminated Chris without notice. In so doing, the Bill breached some employment laws that are discussed below. To start with, employees in a workplace have the right to discrimination and harassment by either employers or other employees. Harassment in workplace is against the law of employment according to Title VII of the Civil Rights act of 1994. Chris faced harassment from the Human Resource Manager that ended up leaving him jobless. Chris was under medication and used to see a doctor for therapy every 4.00 pm. The HR manager harassed Bill by denying him permission to see the doctor. Moreover, an individual’s environment becomes unbearable if both the leaders and fellow employees do not like someone’s presence. According to Mesriani Law Group, employees in a firm should have mutual dedication towards each other (2011). It was too sad realizing that even the fellow employees were against Chris even though they knew of his disorder.
A company or organization is a kind of a society where people interact and get to know one another as the time goes by. It is ethically wrong for someone to take advantage of a certain post and use the given power to put the life of others at risk (Joseph, 2000). Bill knew very well that Chris had mental issues but went along and harassing him even at his critical conditions. The State Labor Legislation Act ensures the employer is liable for an employee, who requires the employer to take care of the health and safety factors within an organization in case people are exposed to certain risks (Fitzpatrick, Perrine and Dutton 2010). It is unlawful for Bill to take less concern of Chris’s health bearing in mind that the state law requires leaders be responsible for their follower’s health. To make matters worse, Bill even made other employees believe that Chris was insane by violating his command not to leave work before time. In so doing, Chris was faced with a disciplinary action that made his mental conditions become worse and resulted into job resignation.
Another employment law issue raised in the case relates to occupation safety and health of employees. Both employer and employee in an organization are responsible for one another’s health and safety in an organization. Duty of care is a legal obligation that every individual or organization performing an act, which has the ability of harming others like the employees to employers, has to possess while carrying out their specific tasks. The duty of care also takes the form of a social contract, in that an individual takes the responsibility over the others in the society, may it be a company, an institution or an organization. The implementation of the duty of care policy assists in prevention of workplace accidents, injuries and related illnesses. Each person in the organization, ranging from the employer to the employee, should be aware of the consequences of their actions (Allianz, 2000). From the case, Bill as a leader was only concerned with the business productivity in the firm and ignored the fact that individual’s health contributes a lot in production.
According to Commission for Occupation Safety and Health, the employers and employees in any organization should have full information concerning general duty of care provisions. This concerns the organization’s occupation safety and health since they form the basis for the start of all other safety and health measures. The duty of care also covers those who are responsible for the work places, object designers and constructors, and the supply departments (2005). The company seemed to lack professionals who could stress the need of taking care of brothers in a society. It was very ironical to realize that even the fellow employees were supporting Bill claiming that Chris was a liability to the company. The law offers full protection to employees who face discrimination and negligence from others in a company, and these people should face disciplinary actions. In such circumstances, employees are advised to apply for health and safety policies in order to claim their rights once such incidences, like those faced by Chris, occurs (Carby-hall 2002).
The better understanding of this policy assists everyone in the workplace in contributing towards his or her safety and that of the colleagues. A commission composed of the employer organizations, trade unions, and the state representatives from various governments decides the development of the duty care (Commission for Occupation Safety and Health 2005). Occupational health and safety is concerned with the effects concerning health in the work places and helps the employers in caring and understanding the needs of the employees in the organization. It, therefore, minimizing the risks of sicknesses and other health related matters. The act expresses the following duties that all members should adhere. Chris was exposed to risks associated with toxic waste and in his condition the management should have shifted him into another department. To start with, the employer has the responsibility of providing a favorable environment that reduces employees’ exposure to the hazard. Secondly, the duty involves the employees being in charge of their own safety and that of others in the organization. Lastly, a self-employed individual has the responsibility of ensuring the activity performed has no health effects to others and the environment (Integrating Systems, 2011).
The breach of the duty of care is measured through accessing how the party involved if it were exposed to the same situation as the victim. The definition of negligence also includes the element of the injury or the harm caused. In the above case, Chris suffered an increase in his mental problem and loss of job. The harm was because of the manager’s negligence and, therefore, is liable for a penalty. In employment law, accessing the risks involved in an organization and the magnitude of these risks towards employees is concerned with the level of the risk and the probability of it reoccurring, the type of injuries associated with the risk, how the risk could be avoided, the powers given to the employees by the company, the importance of a particular activity which causes that risk, and the other relevant issues concerning the risk (Victoria 2000; Cooper 1998).
The Federal State has a law concerned with labor Management Operations that aims at prevention of job resignations by employees. The working environment in an organization plays a significant role in determining the production of an individual. A working environment is a complex unit that influences all the acts of human beings. It dictates the aspects of an individual life, and significantly affects the code of conduct that a person develops or adopts while in this society. The society further has norms and values, which govern the individual behavior in a given community. If an individual finds the society is against him, one has no option but to run away from them since they might plan an attack against him or her (Schaefer, 2008). After Chris discovered that everyone in the company was against him, he decided to walk out of employment. Another factor that accelerated Chris’s decision to resign was the fact that he had a mental problem thus maybe it was not his wish but his mind made him made him react so.
The Labor Management relations act aims at assisting those who move away from jobs due to stress related issues and in settling disputes between the employee and the organization. The U.S government developed the Federal Mediation and Conciliation Service (FMCS)’s in order to provide mediations and conflict resolutions. FMCS was established in 1947 and has assisted many people in resolving issues with their employers through dialog. Among the main responsibilities of FMCS are; the improvement of the labor-management relationships in organizations and companies; fostering job security among employees in an organization; and improving the relationship between employees in a company. The law liaises with the organization and get to the root of the matter and if the organization is found responsible, the government takes the necessary action (Federal Mediation & Conciliation Service, n.d). Following the rules and procedures of FMCS, this case needed a lot of intervention since the local council gave a non-conducive environment for Chris and this contributed to his resignation.
In the first instant, the human resource manager contributed a lot towards Chris’s resignation. According to FMCS, this is a serious offence that the mediators could analyze and take Bill to the court of law. On the other hand, the society, that is the fellow employees, also contributed towards the case since they termed Chris as insane and a threat to them. FMCs offers training in such areas to educate the employer and employees on the need for a good relationship in an organization through impregnating ideas and skills in their minds. The body offers training in areas related to culture and society believes management of conflicts, and interpersonal communications. Chris was suffering from social stigma that was deeply rooted that once developed, elimination process is next to impossibility. Therefore, individuals may find themselves being victims of the vice in several ways. For example, a person may receive social stigmatization from the society, even after quitting a job. For example, the individual may have limited access to social gatherings, such as wedding ceremonies. This occurs even though the person has changed from the unexpected behavioral conduct from the society (Griffin, & Moorhead, 2007).
The main advice for Chris would be to take a legal action towards the council so that they could compensate him for the harassment and job loss. On the other hand, there is a need for a work cover policy that protects employees from such situations as experienced by Chris. It is also advisable for an individual to sign a contract with the organization that gives the rules and regulations in a given position. On this, the contract can give the employee the right to claim for any kind of mistreatment by the bosses. On the other hand, Chris could sign a work cover policy that takes care of employees in case of injury or health matters related to working condition (Slater & Gordon Lawyers, 2011; WorkSafe, 2011; Australian Work-cover Claim, 2005). According to the law of employment employees should not allow any kind of mistreatment from their leaders that may make them perform poorly in their work positions. As such, the employee rights protect employers and leaders in an organization from down laying any employer regardless of race, color, religion, and mental status (FindLaw, 2012).
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