Unit-8 Employments Rights

Question 1

Complete the sentence: Dismissal is considered to be unjust under two conditions, when

Answer 1

1. An employee is dismissed without a good cause ​

2. The dismissal occurs without a fair hearing

Question 2

According to the (Termination and Redundancy Payments) Act

Answer 2

give minimum periods of notice for employees who have been working for four weeks or more re their termination.

0-5 years- 2 weeks
6-10 years- 4 weeks
11 and over- 12 weeks

Question 3

Employment at Will Argument

Answer 3

An employer may terminate an employee at any time and for any reason​
unless an employment contract specifies otherwise​.

(Employee also free to leave at any time)

Question 4

What are the arguments supporting Employment At will

Answer 4

Property Rights
Freedom of Contract
Efficiency Argument

Question 5

Explain the Property Rights Argument

Answer 5

Owners are described as the owner of machinery, and materials. Workers are the “owners” of labour. In their exchange of labour for wage and resources each party is free to do as they wish in using their “property” and no right is being violated.

Employee- free to offer his labour elsewhere
Employer- Free to stop “buying” the labour of the employee and giving over his resources to him

Question 6

Freedom of Contract

Answer 6

Employment is viewed as a contractual agreement that can be explicitly written.
At least in absence of an explicit contract, we can imply an implicit contract if the conditions of employment are understood and tacitly accepted by both parties.

Employee have the right to leave and take his labour elsewhere, employer has right not to retain labour they don’t want
In this case legally, interference from the govt would be an interference of equal rights.

(edit later)

Question 7

Explain the Efficiency Argument- Utilitarian Based

Answer 7

The Efficiency Argument states the success of any business enterprise​
Depends on the efficient use of all resources, including labor

When both parties agree to employment at will, we must assume
that such an arrangement benefits both employers and employees. The mere fact that employment at will persists when employers and employees could contract on other terms demonstrates
its advantages for all concerned

But in reality persons who like job security will not engage in this kind of arrangement

Question 8

Exceptions to Employment at Will

Answer 8

-Public policy ​: that employees ought not to
be subject to discipline, demotion, or discharge for refusing to violate the law. Also employees must get their legal rights and entitlements (stated in Labour Laws and Occupational Health and Safety Acts), and should not be dismissed when trying to promote public welfare. (Eg. being dismissed because absent from work when serving as a jury)

• Implied contract​- When implied contract has different terms dismissal cannot go through (read over)
• Bad faith and malice​- Cannot dismissal for unethical purposes. Eg. being dismissed after securing a deal for a company, because they did not want you to get the commision

Question 9

Rights to Due Process- What are the features of an effective​
grievance procedure?

Answer 9

1. Three to five steps of appeal( #depends on organization)​
2. A written account of the grievance​
3. Alternate routes of appeal beyond the immediate supervisor​
4. A time limit for each step​
5. Permission for the employee to be accompanied by one or two co-workers (or someone outside who will be unbiased​

Question 10

What are the Arguments for Due Process

Answer 10

• Objection to Rights-Based Argument for At-Will Employment: freedom of right of property can infringe on the rights of someone else
• Employees rights more important in employee relations than property rights or freedom of contract

(Add more info)

Question 11

What are the four elements of freedom of expression

Answer 11

The nature of the expression ​

The subject or topic of the expression ​

The location or venue of the expression​

The audience of the expression​

Question 12

What are the Legal Protection offered for Expression

Answer 12

The First Amendment guarantees freedom of speech.​

Employees in the private sector have a right to expression​
As such a right is contained in employment contracts​ (look over)

Question 13

What is Worker participation​

Answer 13

A process that allows employees to exercise some influence ​

• Over their work ​
• The conditions under which they work​

Question 14

What is Workplace democracy?

Answer 14

Exists when employees have some real control over ​:

• Organizational goal-setting​
• Strategic planning​
  * This ensures that their own goals and objectives can be met​ and not only the organizations​

Question 15

The Right Of Work- Why does work have intrinsic value?

Answer 15

1. it is our basic economic contribution to society and helps us feel worthwhile and useful​
2. it lets us develop our potential and identity as a particular human being​
3. it lets us develop our character and virtues​
4. it is a source of self-esteem and self-respect.​

Question 16

The right to Organize

Answer 16

Unions have a right to strike that derives from every worker’s right to quit working so long as doing so does not violate others’ rights.​

Question 17

What are the 4 Characteristics of The Caring Model of Organization

Answer 17

1. Caring is focused entirely on persons, not on “profit” or “quality.”​
2. Caring is undertaken as an end in itself, not as a means to productivity.​
3. Caring is essentially personal.​
4. Caring is growth-enhancing for the cared-for.​

Question 18

What are 3 Issues for the “Caring Organizations”

Answer 18

• Caring too much for others can lead to “burnout” of self
• Not caring enough for others because fatigue, self-interest, or disinterest leads us to ignore their needs.​
• The organization systematically drives out caring with layoffs, bureaucracy, managerial styles that see employees as disposable, or with rewards that encourage competitiveness and discourage caring.​

Question 19

Define Market Clearing Price(Do more reading on this part of chapter to fully understand this part)

Answer 19

The wage at which exactly the desired number of workers is employed​

Question 20

What is Minimum Wage?

Answer 20

The lowest wage that an employer can legally pay

Question 21

What are Redundancy Payments, give the act that speaks about it

Answer 21

Definition:

Section 5 of Act- employee has the right to a redundancy payment if his employer ceases to carry on business.

Sec 6- no redundancy payment is due if the employer has terminated the contract for reasons relating to the conduct of the employee

Upon redundancy, employers must provide employees with a written statement detailing how the redundancy payment has been calculated.​

Question 22

State the details of the Jamaican Maternity Leave Act

Answer 22

Act provides female employees with the right to take maternity leave if they have been working with the same employer for at least a year.

Section 3- employers must grant employees a period of 12 weeks maternity leave, with an additional 14 weeks upon receipt of a certificate from a medical practitioner. During maternity leave, employers must pay female employees maternity pay for a period of eight weeks.

Section 4- provides female employees with the right to return to work following maternity leave on the same terms and conditions as before.​