Employment Relations Essay Example | Topics and Well Written Essays - 2500 words

Employment Relations - Essay Example References are also given about different stages of employment relations starting from the beginning of the industrial revolution which resulted in mass production and mass employment. It is also why labour pressed for living wages and why labour movements at different times are connected to the living wage (Blanchflower et al., 2007). Literature review for the paper was written by taking into consideration both hypothetical and practical aspects of the manner in which living wage is connected to the labour movement and why labour started the movement to be paid a living wage. Research for a living wage is quite a debatable area, and there are many different theories regarding the inception and implementation for a living wage. The review examines a few theoretical aspects and then reviews empirical evidence of some contemporary findings. Analysis of the literature suggests that the issue raised is pragmatic which must consider the framework of negative or positive domestic local factors that contribute to the overall analysis of current and past relationships between employers and employees. Conceptual issues involved were reviews which included the progression of employment relations since labour started demanding a living wage. Nevertheless, the purpose of the review is to evaluate the available evidence to reach a coherent conclusion about relevant viewpoints of employment relations. The demand for minimum wages depends upon different factors such as the overall demand for labour, skill required for the job and the cost incurred by the employer for the product. The most difficult aspect of this is calculating wages considering outside influences. Literature for the different aspects of individual and collective bargaining, including various steps taken to improve the relationship have been discussed in this paper (Coats,

Harassment in workplace Essay Example | Topics and Well Written Essays - 2500 words

Harassment in workplace - Essay Example An employee with a minimum of one-year of continuous service can make a claim for an unfair or wrongful dismissal. An employee with less than one-year service can make a claim under common law provisions only. It is to be observed that the wrongful dismissal covers only the compensation of employee’s pay for the notice period. (â€Å"Thavarajah 2008: 57†). In constructive dismissal, there will not any dismissal from the employer. Actually, in such cases, the employee is driven out of his employment due to the scenario at his workplace. (â€Å"Thavarajah 2008: 11†). In Bouzourou v The Ottoman Bank1, Privy Council was of the opinion that an employee to consider himself as being terminated , if his transfer to another place made him vulnerable to disease or expose him to an aggressive peril of violence . (Thavarajah 2008: 10). In Wang Chee Hong v Cathay Organisation, it was held that in case of a transfer, which pushed back the plaintiff to a place of fewer responsi bilities though with the analogues’ conditions where the plaintiff refused to accept that transfer is nothing but a dismissal. Thus, such relegation of accountability with its outcome of frustration and humiliation and loss of reputation among colleagues made it not possible for the plaintiff to continue the service in the organisation and hence, it should be regarded as dismissal. The identical views were also expressed in JF Bumpus v Standard Life Assurance Co Ltd2, Cox v Philips Industries3. (Thavarajah 2008: 11). The constructive unfair dismissal has been explained in Western Excavating (EEC) V Sharp4, where it would be regarded as unfair constructive dismissal if an employer is culpable of infringement, which goes to the very root of the contract or if he had shown an inclination no longer to be accountable by it. In such scenarios, the employee is empowered to consider the contract as ceased and himself being dismissed. In United Bank v Akhtar5, it was held that in a ba nk employee’s service contract stated that he could be transferred to any of its bank branches within the UK, and the employee turned down to move to Birmingham from Leeds branch at a shorter notice and hence resigned from the job and later, she claimed the constructive unfair dismissal. It was held by EAT in this case that the employee had been constructively dismissed, and his demeanour did not warrant that dismissal. (Scrope & Barnett 2008: 211). In Cape Industrial Services Ltd v Ambler6, when considering whether there has been an unfair constructive dismissal, the Court of Appeal was of the view that the following had to be taken into consideration. What were the significant conditions of the contract seemed to be infringed? Whether the details of the breaches have been made out. Whether breaches are fundamental in nature. If so, whether an employee has been driven to resign due to such a breach. Whether the employer has demonstrated any probable fair grounds for the cons tructive dismissals. Whether, in such scenario, the employer has acted unreasonably or reasonably in treating the grounds as an adequate one warranting dismissal. (Scrope & Barnett 2008:211). In Green v DB Group Services (UK) Ltd7, HC, compensation for stress oriented injury can be very liberal and in this case, a bank was held vicariously accountable for a continuous campaign of harassment and bullying witnessed by a female secretary who was awarded damages in excess of ?850,000. (Scrope & Barnet