Question 1: Advice to MB on the potential liability to the unfair dismissal of Olaf from his Job.
Claims for unfair dismissal is broken into three main stages and the company should have considered the aspects. The stages include employee, employer, and tribunal. It was inappropriate for the boss to chair the meeting and lead the discussion. The disciplinary committee should have appointed someone else to chair the meeting and make appropriate decisions. Preeti was not supposed to make the decision and dismiss Olaf. The problem was between the two and it was not ethical for the manager to lead the discussion. Employment laws are legally bonded to act that mediates between employers and employees. Labour laws are based on employment entities, trade unions, and state or governments. The laws may be between employees and trade unions. According to the case study, Preeti's action towards Olaf was unfair based and should be disregarded. Preeti became Olaf's new line manager and had reasons to give instructions. However, the kind of leadership style used by the manager was inappropriate and could lead to more misunderstanding. She was supposed to use participatory leadership style and listen to other subordinates. She was supposed to listen to Olaf who seemed to have more experience in the brewing industry.
Employees have rights not to be unfairly dismissed by their bosses. Unfair dismissal is unethical and may lead to compensation by the company. Statutory workers should not be dismissed unfairly and do not qualify. Dismissal should not be given when the employee is sick or on maternity leave. There is a need for establishing an official date of termination before the dismissal through a letter. The employee should be issued with an official letter stating the reasons for dismissal. Besides, there is a need for issuing a notice to the employee and the employee must be served by a letter of dismissal.
The effective date of termination is normally effective once an employee reads the letter. If it is given by a notice, it becomes effective from the date of expiry. There are three main types of termination; a termination given by an employer without a notice or through a notice, termination based on the expiry of contacts and employees terminating their contracts. Employers are supposed to give reasons for dismissal which may be based on qualification, conduct, redundancy, and illegality or any other substantial reasons such as lack of efficiency.
Olaf and Preeti had personal issues that created clashes and arguments. The new manager had a plan of introducing cost saving measures to the brewing plant. However, the production manager felt that the decision would lead to micro-management. He feared that his job would be interfered with and the two had prolonged hatred. However, Olaf was not defiant to the boss and could listen to her, follow instructions and respected Preteti. Three later, Olaf and Preeti had a loud disagreement and argument in the warehouse. The boss decided that the switch in the in the hop supplier had to be switched to a cheaper one as an alternative.
However, as an expert, Olaf was not of the opinion and believed that the alternative hop would affect the quality of the beer and was therefore inferior. Instead of being humble before the boss, Olaf swore and called his boss an "idiot" who knows nothing about beer. To some extent, Olaf was disrespectful and could not have called the boss an "idiot". He was sent home and asked to attend a disciplinary meeting the following day by 9.am. Olaf was instructed to bring with himself a representative from a trade union or a colleague to the meeting. As he was leaving, the boss asked him to get prepared for an apology. He was to ask for an apology the following day as instructed by the boss.
During the meeting, there were other managers but Preeti led the discussion and set out the behaviors of Olaf before the disciplinary. Olaf was accused of being argumentative and insubordinate. However, Olaf defended himself by stating that Preeti was pushed him and was interfering with his job. Consequently, Olaf was dismissed at the end of the meeting by the boss on the basis of gross misconduct.
According to the company, disciplinary should be taken in accordance with the practices and procedures found in the ACAS code of practices on disciplinary and grievances procedures. The company lacks a strict tribunal that works under terms and condition regardless of who is on the wrong side. The tribunal should establish whether an employer has acted reasonably in relation to the discussed issues and how he or she dealt with the situation. The tribunal has no right to substitute its findings and must make a decision based on the facts provided. There is a need for a reasonable test to consider whether the employer acted reasonably before dismissal. Tribunals are supposed to consider substantive and procedural reasonableness.
The employer's action is judged based on the belief that employee committed an act and there are reasonable grounds for the beliefs. There was no investigation done by the disciplinary committee and no one could ascertain the accusation by the boss. It is wrong for employers to recruit unqualified persons or individuals with no right to work in their country. Redundancy may cause serious problems and employers are advised to be careful when recruiting. Tribunal must apply RRR test before ascertaining the presented reasons for the dismissal. The new manager did not use the discipline and grievance procedures. The penalties should be set based on the procedures and employees have to be aware. Similarly, workers are allowed to have access to the procedures which must be maintained. Failure to adhere and follow the procedures may cause serious complications at the tribunal.
The dismissal was unfair and Olaf gave reasons behind his reaction towards the new manager. The head brewer Olaf had worked in the company for more than 15 years of vast experience. Mr. Olaf was an expert in making beer but not business management. The four local men employed were recruited to work under Olaf and not the newly hired manager. The four men working in the brewing process had the responsibility of accomplishing manual works and moving stocks as well as other ingredients in the company. Preeti was employed to implement some changes that would give the company a more competitive advantage.
Question 2: Advise to MB about possible claims that could be made against them by Preeti, Dave and Steve under the Equality Act 2010 and the potential remedies.
Equality act 2010 is an international that legally protects people from discrimination in their respective workplaces and society. It is also known as anti-discrimination law based on a single act to make the law easier to understand. The act became an international law by October 2010 and replaced other legislation such as race relation acts and disability act. It ensures consistency by both employees and employers to make the working environment fair and compliance with the law. MB will be accused of not balancing race by recruiting people from different background. Majority of the employees are white people and not any other race like Hispanics, Indians, Chinese and blacks. There is the need for a company to the employee all races to enhance diversity.
Globalization has led to diversity among people across the world. Technology advancement has promoted migration of people from continents to the other. The diversity of people in workplaces must be embraced by all top leaders and employees. People should accept one another regardless of their race, gender, religion, education level and sex. Discrimination at the workplace has led to lack of jobs, unfair dismissal, and underpayment. People are categorized based on race, ethnicity, religion, gender, and sex. Besides, social exclusion has also contributed to discrimination in learning institutions and human interaction. The disadvantaged members in most cases are vulnerable in the society. These people are considered powerless, and they are the women and other minority groups. Despite the long push by scholars, activists, business leaders and politicians that have gone for decades, women are still underrepresented at every level. Application of bureaucracy is more prevalent in most of the government agencies in many countries in the entire world. For instance, women and the minority groups such as the blacks and the Hispanics in the US are the kinds of people that have a very low representation in government agencies.
Diversity qualities are the makeup of different people of individuals who have diverse attributes and cultures. These qualities can vary in socioeconomic, financial foundations, nations, races, religions and accomplishment levels. In state-funded schools, we can see these things work and become together. Multiculturalism is the contrast between societies. It is intended to safeguard society's personality within a bigger society. The social discrimination is practiced in the society and institutions by denying or granting individuals or groups rights, resources, respects and representation based on skin color. Racism is highly practiced in workplaces, schools, and places of residence, social amendments, hospitals and other places (Essed, 2008). Racism in public schools is expressed in many forms starting from denying the students their rights to access quality education in certain schools. Public schools should embrace diversity and promote unity among all students regardless of their background, gender, race, sex or religion.
Stereotypes and prejudice have affected social interaction both positively and negatively. However, social exclusion has adversely impact on the society and leads to inequality. There is discrimination based on racism, gender, sex, economic and educational level. The difference has led to in-group and out-group difference affecting social cohesion. Cultural difference cannot be neglected and has been facilitated by stereotyping and prejudice.
Racism and other forms of discrimination including individuals with disabilities have led to inequality at workplaces, poor wages and salaries, unfair dismissals, lack of employment among the blacks and unfair treatment in learning institutions. The blacks from Africa and Hispanics from Spain, Mexico, Puerto Rican and Central Americans are discriminated based on racism. The Native Americans do not want to recognize immigrants into the U.S there is a high level of discrimination especially in government's institutions, private companies, and Non-Governmental Organizations. The blacks are discriminated based on their colors and place of origins.
Minority representation in the workforce in both the national and federal government remains a major concern. The African-Americans, immigrants, and Hispanics are underrepresented in the federal employment and another level of government agencies. There are no equal opportunities in recruitments and this has contributed to economic instability among the blacks, Hispanics and other immigrants like the Indians. African-American represents less than 5% of the U.S workforce while the Asian-American and Hispanics represent less than 7% in the civil workforce. The American Indians is represented by 1.5% in the federal jobs and 0.8% in the civilian labor force.
The blacks, African-Americans, and Hispanics are discriminated and diminished by the American Natives who view them as incompetence and people who lack skill, knowledge, and experience. However, the main objective and goal of the federal government are attaining a workforce which draws all segments of the society and inclusive diversity in public services. The report by U.S population in the 2010 census showed that African-Americans, Hispanics, American-Indians and La...
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