...costs down. The employee that was involved in this incident is trying to claim that he is a victim of constructive discharge under Title VII of the Civil Rights Act of 1964. As a legal concept, constructive discharge is relevant in this scenario since our employee resigned because he felt that we, as an employer, created a policy that affected his religious life and forced him to quit. The California Supreme Court states, “In order to establish a constructive discharge, the employee must plead and prove, by the usual preponderance of the evidence standard, that the employer either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee's resignation that a reasonable employer would realize that a reasonable person in the employee's position would be compelled to resign” (Turner V. Anheuser 1994). Title VII of the Civil Rights Act of 1964 “prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin” (Find US Law, 1964). Because our organization consists of more than fifteen employees, we fall under this title and specifically in regards to religion in this situation. The EEOC, The Equal Employment Opportunity Commission, enforces Title VII and states that an individual must file a complaint of discrimination within 180 days of learning of the discrimination or the individual may lose the right to file a lawsuit. This employee did file in a timely...
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... GODWIN DOGBE - QUESTION: IN WHAT WAY DOES DISCIPLINE RELATE TO GRIEVANCES? ANSWER: In any organization, both the employer and the employee have mutual expectations. When an employee’s expectations are not fulfilled, he will have a grudge against the employer because of the disagreement or dissatisfaction it causes. Similarly, when an employer’s expectations about an employee are not fulfilled, the employer will have a grudge against such employee. It may be a problem of indiscipline. According to Dessler (2001), discipline is a procedure that corrects or punishes a subordinate because an error or procedures has been violated. Meanwhile Rue & Byars (1996) states that discipline should be viewed as a condition within an organization whereby employees know what is expected of them in terms of the organisation’s rules, standards and policies and what the consequences are of infractions. Discipline should never be used as a show of authority or power on the supervisor’s part. A formal discipline procedure usually begins with an oral warning and progresses through a series of activities. As Rue and Byars point out (1996, p.424), preventive discipline from progressing beyond the oral warning stage is obviously advantageous to both the employee and management. In general, discipline should be restricted to the issuing of...
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...professional areas, the bands and the behaviours) The CIPD HR Profession Map sets out the activities, knowledge, behaviours and standards required for HR professionals to be successful in the workplace. The profession map can be used for personal and professional development. The map is set out in to three different sections which include ten professional areas, which are divided into four bands of professional competence and also includes 8 different behaviour styles. The 10 Professional areas: 1) Insights, strategy and solutions 2) Leading HR 3) Organisation Design 4) Organisation Development 5) Resourcing and Talent planning 6) Learning and Development 7) Performance and Reward 8) Employee Engagement 9) Employee Relations 10) Service Delivery & Information This describes what you need to do (the activities) and what you need to know for each area of HR profession at four bands of professional competence, as well as outlining the behaviours that you need to display when carrying out the activities. Two of these are considered the core professional areas Leading HR and Insights Strategy and Solutions. Leading HR acts as a role model leader which maximises the contribution that HR makes throughout the organisation. Insights Strategy and Solutions develops understanding of the business and its context and uses these insights to tailor strategy and solutions for now and in the future. These are applicable to all HR professionals...
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...Intoduction 3 Why do customers complain? 3 Complaints are a goldmine of information 6 Why is Complaints Handling Important? 7 Intoduction A consumer complaint or customer complaint is “an expression of dissatisfaction on a consumer’s behalf to a responsible party”. It can also be described in a positive sense as a report from a consumer providing documentation about a problem with a product or service. In fact, some modern business consultants urge businesses to view customer complaints as a gift. Consumer complaints are usually informal complaints directly addressed to a company or public service provider, and most consumers manage to resolve problems with products and services in this way, but it sometimes requires persistence. If the grievance is not addressed in a way that satisfies the consumer, the consumer sometimes registers the complaint with a third party such as association of the rights of the consumers , a county government (if it has a “consumer protection” office) and etc. These and similar organizations in other countries accept for consumer complaints and assist people with customer service issues, as do government representatives like attorneys general. Consumers however rarely file complaints in the more formal legal sense, which consists of a formal legal process. Internet forums and the advent of social media have provided consumers with a new way to submit complaints. Consumer news and advocacy websites...
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...and Burlington Industries v. Ellerth are an attempt to halt these incidents by requiring harassed employees to work within their companies to resolve grievances before turning to the EEOC. They place responsibility on the employer to set guidelines for preventing sexual harassment and on the employee to follow them (Barrier 1998). This Digest examines the implications of federal laws covering sexual harassment, the characteristics of company policies and grievance procedures to prevent and report sexual harassment, and program strategies for preventing sexual harassment in schools and workplaces. What Institutions Can Do The Supreme Court's recent rulings are motivating employers to take actions that reflect their compliance with federal laws as protection against sexual harassment litigation. Emerging from the literature on sexual harassment prevention are three key steps that employers can take to counter sexual harassment (Kimble-Ellis 1998; "Protecting Employees" 1998): 1. Develop a strong company policy that specifies in writing outlawed behaviors and penalties for their demonstration 2. Establish grievance procedures for reporting, processing, and resolving complaints 3. Provide sexual harassment training for supervisors, managers, and workers that explains what...
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...particular complaint and in general C) recommendations for how the company should respond and also changes to avoid issues with Title VII in the future. | | | A: Constructive Discharge Constructive discharge is legally defined as “forcing an employee to resign by making the work environment so intolerable that a reasonable person would not be able to stay” (Prohibited Employment Policies/Practices, n.d.). Constructive discharge is usually recognized within the framework of the Civil Rights Act of 1964 Title VII as an illegal employment practice and is considered a form of wrongful termination (Prohibited Employment Policies/Practices, n.d.), even though it is the employee resigning from their position, as opposed to termination by the employer. An employee has filed a claim against the Toy Company under Title VII of the Civil Rights Act of 1964 with the Equal Employment Opportunity Commission. The employee is using constructive discharge as her complaint in regards to the Toy Company recently changing the production department work schedules. The company implemented a new policy in the production employees’ shift to four days on, four days off shift rotation schedule policy, as opposed to working only Monday through Friday as the production department had previously. The employee is alleging that the new policy is discriminating based on religion because a religious holiday falls on a work day and the employee is unable to observe the holy day. The employee alleges...
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...cheap plan like spidigo (paid 4000 yearly 12+2) 4. Speed should be more , connectivity must be better 5. Bill was received late and thus for no reason had to pay late payment which authentically he should not, executives used to take bill but later his absence disappointed him , no response from customer care and employees. 6. Constantly persuaded for different plan but nobody paid attention to his request, lack of responsibility of employees dealing with customer, lag in time to respond. 7. No availability of static IP Plan even if plan exists nobody informed him about the plan. 8. Bill not on time, no response from customer care, felt there is no communication between inter departments. Everybody asks each different time different questions. Faulty billing issues 9. Once the connection is been done the executives are least bothered about all the issues. 10. Modem did not got fixed even after the n no of complaints, kept persuading for a new modem but no employee helped out ready to pay amount even. 11. Error in billing cycles. 12. Plan shifted from 499 to 1299 without prior permission. Observation from customer service department 1. Most of faulty...
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...Memorandum To: CEO From: Manager Date: March 9, 2012 Subject: Constructive Discharge Claim As requested, I have done the initial research on how the company should respond to the plaintiff’s claim of constructive discharge. According to The University of Chicago Law Review (1986), constructive discharge occurs when the working conditions of an employee are so unbearable and discriminatory that any sensible person would quit. The plaintiff must be able to prove two things: (1) that the working conditions were intolerable, and (2) that the employer deliberately created those conditions with the intent to cause the plaintiff to quit (Finnegan and Sheila, 1986). Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against “persons on the basis of their race, color, religion, sex, or national origin” (Gomez-Mejia, Balkin, Cardy, 2009, p.93). The plaintiff is claiming that there was no choice but to quit based on the fact that the plaintiff was required to work on a religious holy day as a result of the work schedule policy change. According to the plaintiff, the change in the work schedule policy is an infringement on their religious beliefs and is therefore claiming constructive discharge based on Title VII of the Civil Rights Act of 1964. The legal concept of constructive discharge is relevant in this scenario, in that the plaintiff quit because he/she alleged that the work schedule policy change requires employees to work on a...
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...Study Satisfactory Not Satisfactory Practical Assessment Satisfactory Not Satisfactory Result: COMPETENT NOT YET COMPETENT Campus Manager to countersign Assessment 1 - Theory Assessment BSBHRM512A Develop & manage performance-management processes Student Name: ROSSELLA VERALDI Date:18 NOVEMBER Recommended text: Cole, K. Management Theory & Practice (Chapter 15 & 16), Handouts and Slides handed in class You are assessing the performance of a regional personnel manager, Julia. There has recently been a forced-redundancy program at her location and, as a consequence, there have been three complaints about her handling of the redundancy process. In two cases, legal action has been threatened. A summary of the complaints and her...
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...COLA SWISSAIR PASSENGERS 50 issue 25. summer 2006 EBF D6PTH By Dominique Turpin, IMD "No comment". Those two simple words can shatter a company's reputation and cost it millions in lost sales. So how can you turn a corporate crisis into competitive advantage? n October 2001, news of potentially harmful bacteria found in a McChicken Burger in Buenos Aires, Argentina, spread across South America via television and the internet. Although no one was proved to have been made sick or placed at risk, the incident cost McDonald's several million dollars in lost sales and damaged brand eguity {Turpin, 2002). Effective or ineffective communication during the first hours - or even minutes - of an emergency can have dramatic implications for the image of a company (Dawar and Pillutla, 2000). A study of 2,645 consumers conducted by the advertising agency DDB Needham showed that a company's handling of a crisis ranked as the third most important influence on consumer purchasing, after product quality and handling of complaints {Marketing News, 1995). issue 25. summer 2006 51 When disaster strikes: communicating in a crisis Crisis-management experts are unanimous in concluding that it is not a matter of if a company wiil be faced with a crisis, but when and how weii-prepared executives wili be to weather the storm {Albrecht, 1996). Indeed, no company is immune to a potential crisis created by flawed products, blackmail by unscrupulous consumers, dishonest acts by employees...
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...HEALTH, SAFETY & ENVIRONMENT 13 6.1 Smoking 13 6.2 Alcohol, Drugs (& Other Substance Abuse) 14 6.3 Manual Handling 14 6.4 Workers’ Compensation 15 6.5 Total & Permanent Disability 15 7. PERFORMANCE MANAGEMENT SYSTEM 16 7.1 Introduction 16 7.2 Performance Management Philosophy 16 7.3 Position Descriptions 16 7.4 Probationary Period Reviews 17 7.5 Performance Appraisals 18 7.6 Professional & Personal Development 19 7.7 Superannuation 20 8. LEAVE POLICY: 21 8.1 Annual Leave 21 8.2 Personal Leave 21 8.3 Compassionate/Bereavement Leave 22 8.4 Long Service Leave 22 8.5 Maternity Leave 22 8.6 Paternity Leave 23 8.7 Adoption Leave 24 8.8 Study Leave 24 8.9 Time in Lieu 25 8.10 Leave Without Pay 25 8.11 Blood Donor Leave 25 8.12 Jury Duty 25 8.13 Emergency Services Leave 26 9. TRAVEL & ACCOMMODATION 27 9.1 Air Travel 27 9.2 Accommodation 28 9.3 Travel Other Than By Air 28 9.4 Motor Vehicle Rental 28 9.5 Taxi Fares 29 9.6 Parking Charges 29 9.7 Work Events 29 10. EMPLOYEE RELATIONS 30 10.1 Discipline 30 10.2 Disciplinary Appeal 33 10.3 Grievance 33 11. POST TRAUMA COUNSELLING 35 12. INTELLECTUAL PROPERTY AND SECURITY 37 13. CONFLICT OF INTEREST 38 14. PRIVACY 39 Insert some information on your company including: ▌ history: when did your business start and how has it changed over time ▌ market: what is your competition like? ▌ general employment philosophy: what...
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...efficiency and productivity for organisation. Maintaining quality of work life for its employees is an important concern for the any organisation. The grievance handling procedure of the organisation can affect the harmonious environment of the organisation. The grievances of the employees are related to the contract, work rule or regulation, policy or procedure, health and safety regulation, past practice, changing the cultural norms unilaterally, individual victimization, wage, bonus, etc. Here, the attitude on the part of management in their effort to understand the problems of employees and resolve the issues amicably have better probability to maintain a culture of high performance. Managers must be educated about the importance of the grievance process and their role in maintaining favorable relations with the union. Effective grievance handling is an essential part of cultivating good employee relations and running a fair, successful, and productive workplace. Positive labor relations are two-way street both sides must give a little and try to work together. Relationship building is key to successful labor relations. This survey is an essential instruments that attempt to determine employees perception of working environment. There is a “Feel Good” quality that comes from asking employees how they feel. It feel good to employees and to management. This survey is a specific method of collecting input from employees about their job-related grievances. The...
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...CONCERNS 4 CONTENTS INTRODUCTION Setting Direction Setting Expectations Upfront Team Meetings o Purpose of Meetings o What Can Go Wrong at Meetings? o Suggestions For Making Your Meetings Effective Displays PROVIDING FEEDBACK How Should We Provide Feedback? Preparation Time and Place Questioning Non-Verbal State Facts Clearly Honesty Consistency Handling Difficult Situations o Defensiveness o Disagreement o Apathy o Anger Chance to Respond Active Listening o Tips for Active Listening Summary MAKING A TIME TO REVIEW PERFORMANCE Preparing Team Member Input Conducting the Discussion Closing the Discussion After the Interview Common Problems with Formal Appraisal Skills a Manager Needs for Effective Performance Review DISCUSSING PERFORMANCE CONCERNS “I’d like a Word with You” – the “Discipline” Interview Investigation and Disciplinary Procedures INTRODUCTION Effectively providing feedback or coaching performance occurs when an employee and manager work together to ensure a good job is done and results are achieved. This is achieved when both know what to do and how well to do it. It provides additional opportunity for communication between managers and employees but in no way replaces the need for effective day to day communication and management. The principle behind any performance management process is that giving feedback is crucial to working...
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...efficiently and improve their user experience. The day diary provides for some information about a typical day of a customer service agent at Half.com. Although it doesn’t provide for sufficient information to develop a job description, it does highlight some key responsibilities and duties attached to the job. Information collected from the Day diary The day diaries provide for a lot of useful information that can be included in a job description as it outlines the knowledge, skills and abilities that customer service agents need to perform tasks efficiently and also, the most important tasks and responsibilities. The following information from the case can be useful when developing a job description: Repetitive tasks the case highlights how the customer service agents have to perform repetitive tasks that is answer emails from buyers which are usually related to transactions. Thus,...
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...Sexual Harassment Sexual harassment is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC (Equal Employment Opportunity Commission) defines sexual harassment as unwelcome sexual advance, requests for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment can happen from the opposite sex as well as the same sex. There are two forms of sexual harassment; one is the most commonly know by people is called quid pro quo. It is the exchange of sexual favors for job benefits. Identifiable elements to determined quid pro quo from the case Pease vs. Alford Photo Industries are. You are a member of a protective class You were subjected to unwelcome sexual harassment in the form of sexual advances or requests for sexual favors from a supervisor or individual with authority over the plaintiff. Harassment complained of was based on sex. Submission to the unwelcome advances was an express or implied condition for receiving some form of job benefits, or refusal to submit to sexual demands resulted in a tangible job detriment. Employer knew or should have known of the harassment. The second form of sexual harassment is called Hostile work environment. Its is unwelcome conduct constituting hostile work environment harassment must be sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. An example of this could be...
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