The development of labour and employment laws
Introduction
The development of labour and employment laws plays a critical role in any workplace setting. The interpretation of such laws defines not only the relationship between the employer and the employee but also dictates the issues related to labour (Mazurak,1992). This paper provides a critical analysis of two scenarios where there is abuse to the spirit of employment and labour laws.
First and foremost, the case of Naomi and the head supervisor raises the legal question of unlawful termination of a contract. Naomi was not accorded a letter of dismissal and equally be allowed to show cause for her actions.
Also, after receiving the call from the union lawyer, the first option would be to initiate negotiation process by the union lawyer extensively on the matter to hear the grievances of Naomi and give redress if possible. Equally, I would inform the legal department to gather enough information in readiness for the suit.
Next, I would like to investigate on the occurrence that led to the unlawful ending of Naomi’s contract. Thus, the collection of witness testimony and surveillance cameras will be integral to give credibility to the whole incidence that took place (Mazurak,1992).
Moreover, I would be keen to summon both the head supervisor and Naomi. This is because the head supervisor conducted himself unlawfully and ethically that’s on the contrary with the employee’s right. On the same note, Naomi will be able to give cause for being 40 minutes late while she is under last chance agreement.
Importantly, if the union lawyer files the charge of unlawful labour practice (ULP), on behalf of Naomi, they will produce a letter of appointment that serves to prove she’s legally employed by the company, therefore, protected equally by the law. The company will also present the memorandum of understanding that stipulates the term and conditions of workers, including the reporting time for work. With unlawful termination, Naomi could easily win the case. For instance, in the case of Wallace v. United Grain Growers Ltd (1997), the supreme court awarded Wallace damages caused as a result of bad faith conduct in the manner of dismissal that was done by the company.
Lastly, if the organization loses the case, Naomi will be rewarded for damages caused. That includes the salary incurred during dismal duration and reward for emotional distress as a result of unlawful dismissal.
On the other, the case between Tom and Ahmed raises the legal question of nationality discrimination. The 14th amendment under the equal protection clause envisages that everyone has the same treatment by the law and therefore, should not be discriminated based on the race or nationality (Mazurak,1992).
Accordingly, the first option would be to commence negotiation with the lawyer from the local Anti-Discrimination Committee to hear the grievances of Ahmed and if they can be addressed as such. Equally, it will be incumbent to inform the human resource manager of the intention by the Anti-discrimination Committee to file a suit against us to prepare for the same.
Besides, I would investigate the incidence if any, that led Tom to make such a malicious sentiment “We only want real American here. Get out”. Through the surveillance cameras and the direct witnesses, such investigation would be made more accessible.
Also, it would be at my interest and the interest of the company to summon the head of supervisors on his conduct. This is because such discrimination may taint the company’s name in public.
Crucially, in the event Equal employment opportunity commission (EEOC) files charges, the organization will present an article of association that stipulates the reporting time to work and last chance agreement. Equally, the EEOC would submit, employment contract letter which defines all rights of employees and the employer. In viewing the case, Ahmed could win because his rights were grossly violated. For instance, EEOC v Columbine Health, (2016), the magistrate court found the Columbian Health system capable for unlawful discrimination of the plaintiffs’ nationality being from Africa with a cover-up of tests which saw wrongful termination their contract.
Lastly, if the employer loses the case, Ahmed would be rewarded his hourly wage for the duration he’s been out of work. Also, Ahmed will receive costs damages caused such emotional distress from discrimination based on nationality, which create inferiority feeling.
In summary, the significance of labour and employment laws plays a critical role in creating a professional and conducive work environment for both the employee and the employer. As such, their relative compliance with such regulations is vital for both parties and organization.