It is recommended that before Elodie makes any claim to the ET, she first seeks internal remedies such as ACAS . ACAS was first established under the ER(DR)A with the purpose of helping claimants avoid going to the ET , through promoting the settlements of disputes in a confidential, fast and cost-effective way.
The ACAS 2009 Code of Practice 1 on DGP was designed to help employers, employees and their representatives deal with disciplinary and grievance situations in the workplace
However should Elodie still decide to take her dispute to the ET she would need to be identified as a employee.
The ERA defines an employee as being someone who has entered into or works under a contract of employment and it is reasonable to suggest that Elodie is an employee as she has a continuity of service for JJ.
All employees enjoy a wide but complex set of legal rights protecting them from any acts of mistreatment from their employers or colleague. Any individual who has been treated on less favourable terms because of their race may claim for discrimination under the EqA . The EqA harmonises and simplifies the existing laws on racial discrimination into one legislation and has classed ‘race’ as a ‘protected characteristic’ , making it unlawful for anyone to discriminate an individual because of their race, colour, nationality, ethnic or national origin.
Race discrimination can arise in four ways and it is reasonable to say that there are two types present in Elodie’s situation - direct discrimination and harassment .
Direct discrimination occurs when one is able to prove that they have been treated less favourably than others in similar circumstances due to their racial background . i.e. should Elodie, be the only one dismiss...
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...rimination on the complainant or anyone else in the workplace.
To conclude, should it still be within acceptable timing, Elodie should first attempt to appeal her dismissal first before proceeding to ACAS or the tribunal.
From reading Elodie’s statement it seems that the procedure her employers took in order to dismiss her have been deemed as correct and fair, providing that her dismissal was purely in regards to her misconduct, however, there is lack of evidence or information suggesting all legal procedures were fulfilled during Elodie’s dismissal to suggest a guaranteed outcome.
Regarding her discrimination, Elodie would be entitled to finical compensation and it is in best interest that the tribunal also implement the recommendation remedy on JJ.
Finally, should Elodie still not be satisfied with the outcomes, she can go forward and make an appeal to the EAT
Canada (2003), the applicant alleged discrimination with respect to employment on the ground of race and colour. The Ontario Human Rights Commission recognized that employers have a duty to provide a safe working environment to its employees insofar as racial harassment should not be tolerated as it infringes the person’s basic human right to not be discriminated against. The Court determined that racial slurs and discrimination should not be tolerated in any case. Arguably, this case should have been a systemic complaint than an individual complaint even though the court cannot dismiss an individual claimant. The defense put forward, in this case, is of significance as the clean hands doctrine was applied to justify the employers’ action. However, the clean hand doctrine was dismissed as the action of the applicant had no correlation with the issue of discrimination. The employer argued that the appellant did poorly in the interview process and that his intention was not racially motivated. The Ontario Commission acknowledged that there was a problem with the documentation about race and racism. There was a lack of data to support or disprove the claim that the organization’s actions were discriminatory towards racialized persons. Additionally, it is difficult to determine who were receiving good assignments and who were not. This case reassures that a motive is not needed for discrimination to take place as the only thing that is important is the unconscious act itself is racist. Phrased differently, the motivation of the organization is
In the case of Elaine versus Jerry, the legal issues involves the plaintiff suing the defendant for termination of employment. Elaine had only been working for the company for two months, however, upon termination Jerry did not provide her with an explanation for her dismissal. Initially, when Elaine was hired on to work for the company, she received a letter declaring great career opportunities and an annual salary of $30,000. Was there an annual employment contract that was broken by the employer? Since the company is an employment-at-will employer, does Jerry need to provide an explanation for the plaintiff’s termination? After Elaine was terminated, Jerry hired a man named Kramer, who had less job experience and education than Elaine for the position. Was there certain job or educational credentials required for the position? Is there an adequate amount of information obtainable
Which of the rules of AICPA Code of Conduct is most related section 5062.2 of the California Accountancy Act? Explain your
In the United States, racial discrimination has a lengthy history, dating back to the biblical period. Racial discrimination is a term used to characterize disruptive or discriminatory behaviors afflicted on a person because of his or her ethnic background. In other words, every t...
Overall discrimination is an awful thing. It is like a STD, it can be passed from parent to child, or someone can become infected if you don’t watch out. Discrimination is also like the plague. It sweeps over a large amount of people, infecting most, and most don’t survive. Though today much of the discrimination is gone, just like the plague, but it is still there. Unfortunately for some people, they have to deal with people discrimination from others. Whether it be discrimination of one’s race, age, disability, or gender. Discrimination has numerous damaging effects to someone’s life. In Of Mice and Men the unlucky victims of discrimination also suffer from the same effects. They allow for people to have control of them and walk all over them. Discrimination is like a fire... It hurts.
Discrimination, in one form or another, goes on everyday in the world around us. Discrimination affects all of us whether we are aware of it or not. Discrimination is defined as “unjustified differential treatment, especially on the basis of characteristics such as race, ethnicity, gender, sexual orientation, or religion” (MacKinnon). According to Eugene Lee of California Labor and Employment Law “racial discrimination and racial harassment” are the most popular complaint when it come to discrimination in the United States.
...rreporting of workplace discrimination and harassment (TIEDI, 2011), it’s highly arguable that for some, while their grasp on the language may be minimal, their ability to recognize and thus personally experience racial discrimination on a personal level is not affected. Racially-motivated harassment within the workplace often leaves the individual with progressively high feelings of alienation and low job satisfaction overall, adding to the strains that exist within the cracks of Canada’s multicultural base.
Discrimination in employment has been an issue that has plagued our society throughout history. At the turn of this century it was acceptable to advertise job openings and specifically state that people of a certain race, color, religion, gender, or national origin "need not apply". A lot has changed over the last 100 years. The proverbial "pendulum" has swung in the direction of federal protection of certain people, but the problem now is that it has swung too far.
Discrimination is known to exist in all workplaces, sometimes it is too subtle to notice, and other times it is exceedingly obvious. It is known that everyone subconsciously discriminates, dependant on their own beliefs and environments that surround them. However, discrimination can be either positive or negative in their results, and sometimes discrimination is a necessary part of life.
This legislation does not prevent dismissals from occurring but only allows the employee to challenge their dismissal. The Unfair Dismissals Act 1977-2007 is the legislation that covers the basis for Alfie’s case. In his case, he seeks to prove that his dismissal was unfair and unwarranted. Thereby seeking redress from his employee. Many aspects of his case are pertinent to the Acts as the facts indicate.
Abstract- Racial discrimination happens all the time and most of us are unaware of it. The most common place for this to happen is in the workplace. Now people can be discriminated against because of their race, religion, or any other numerous things. Also, discrimination can occur during the job interview or even after you got the job. This paper will shoe the effects of racial discrimination and how it can be prevented. In addition there are some very important laws that deal specifically with discrimination, like the NAACP or Affirmative Action. These both will be discussed.
This is when you are treated differently because of your race in one of the situations.
In conclusion, there are many rights to the employees’ when it comes down to equal opportunity employment. In this paper you learned of a few different types of discrimination towards employees’ and how different acts protect them in the workforce. It also has shown what rights a person has as an employee in the working environment.
Work plays an important role in our daily life, it is considered much more huge part of our personal life. During our daily work we make many relationships throughout our career history. Sometimes these relationships become lasting, and sometimes employment discrimination might happen. This relationships that we thought it last could be cut off by the devastation of claims of discriminatory treatment. Discrimination in the workforce has been an issue since the first people of workers in United States in the present day and as well in the past. Some employees were subjected to a harsh working conditions, verbal abuse, denial of advancement,, and many other injustices. There was also the fact that certain employees were being treated differently than other employees.
Section 188 of the Act (Labour Relations Act) stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. Persons or Employers considering whether or not the reason for dismissal is of fair reason is in accordance with fair procedure must take into account any relevant Code of Good Practice issued in terms of Schedule 8 of the Act – as discussed here-in: