Wednesday, May 6, 2020
Case Study of Sallyââ¬Free-Samples for Students-Myassignementhelp
Questions: 1.What employment violations has the Employer Committed if any? 2.Can Sally sue for damages? If Sally can sue for damages, what might the court consider when assessing damages? 3.If you were the judge how would you decide this case? Answers: Discussion The fact As per the case study, Sally who work under ABC Manufacturing and recently she signed a new employment contract for the supervisory position in that office. She had a miscarriage recently and for that reason she was unable to join the office and after one week when she gets back to her work, she found that her position was filled with another employee. Finally she got her employment termination letter. 1.According to the case study, the employer has violated the law. The employer has violated the Canadian Human Rights Act of discrimination. The employer never terminate any employee when she was in related with any family mater, here the employee Sally had a miscarriage which is the cause of her taking leaves. However it is a sensitive issue which was also related with the family matter. The employer without any valuable reason changes her employment and gives the termination letter to her in two week notice. The employer violates the common human rights which is the breach of any of employment (Dau-Schmid, Finkin Covington 2016). 2.According to case study, the employee, Sally has the rights to sue the employer and the manufacture company for her damage on her employment. Every employee have their workplace standard where they have difference providences like the timing of the work, minimum wages, sick leaves, vacations and many more. The Employment Equity Act give the rights to the employees of Canada where they this law protect the men, women, and the person with the disability (Dinner, 2014). The employer never uses the discrimination against any employee because it is one kind of negative activities which make the difference between the employees as per the race, age or disability. The Canada Human Rights Act protected those people as per the race, nationality, color, religion, age, sex, sexual orientation, marital status, family status, disability. In this case study in can be said that the employer have discriminate the employee as per the sexual orientation which is pregnancy and the miscarriage of the baby. This is against the law which was violated by the employer of the company. 3.According to the scenario of the case it can be stated that it is a case of discrimination to the employee by the employer. The employee can allege a complaint case o the Canadian Human Rights Commission. Without the proper notice and reason the employer terminate the employee when she had a miscarriage and had a huge loss to her and as well as her family. The employer must compensate the employee for her loss and the termination. She was not only terminated from the company but also discriminated her when she was pregnant and had the miscarriage. The employer violates the basic rights of employment with the employee. The employee has basic rights to take leaves while she was not well. It is the duty of the employer that they will always keep the workplace free from discrimination and must always supervise that the employees are never neglected due to any reason or they never be discriminated (Little et al, 2015). Reference Dau-Schmidt, K. G., Finkin, M., Covington, R. (2016).Legal protection for the individual employee. West Academic. Dinner, D. (2014). Strange Bedfellows at Work: Neomaternalism in the Making of Sex Discrimination Law. Little, L. M., Major, V. S., Hinojosa, A. S., Nelson, D. L. (2015). Professional image maintenance: How women navigate pregnancy in the workplace. Academy of Management Journal, 58(1), 8-37. Rosenthal, L., Earnshaw, V. A., Lewis, T. T., Reid, A. E., Lewis, J. B., Stasko, E. C., ... Ickovics, J. R. (2015). Changes in experiences with discrimination across pregnancy and postpartum: Age differences and consequences for mental health. American journal of public health, 105(4), 686-693.
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