The case under review encompasses a conflict or a misunderstanding between an employer represented by Mike, who is the manager, and an employee by the name of Anne. The issue is that Anne has had a health problem that has necessitated her absence from the place of work as she seeks medical attention. The employment regulations allow for an annual leave of twelve weeks, provided that the correct procedure is followed in seeking it. Mike has warned Anne that unless she improves her performance, her contract might be terminated.
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There are legal issues in this case. According to the laws regulating matters of employment, there are provisions that protect employees against unfair dismissals. This means that for any contract of employment to be terminated (in this case, Mike purports to issue Anne with a warning), the correct procedure must be followed. From the foregoing, Anne has abided by all the requirements warranting her to be off duty. The allowed period for leave has not been abused, and it is said that she has followed the right procedure in seeking the leave. Anne is also a happy employee who has had a satisfactory performance except for the days she has had a health problem. The fellow employees have not realized any fall in her performance.
The manager, Mike has lowly rated her based on her reliability. This raises the question whether the evaluation of Anne was really a fair one and whether it was based on performance or reliability. The grounds for Anne’s absence from work are the medical challenge. Therefore, it is a natural phenomenon and not an undertaking by her. It raises legal issues that would need to be determined before the management takes any steps to terminate Anne’s contract of employment.
It cannot be in the best interests of the employer to encourage the emploees to exercise their legal rights. Where the employees are encouraged to seek legal redress in case of disputes, it creates an unfavorable relationship and environment for working. Where any parties are involved in any legal battles, it creates an acrimonious atmosphere that greatly hinders the way in which the parties relate, therefore affecting the performance of the employees. Once the case is determined, the party on the losing end would not be comfortable working with the other party. The other issue regards the costs of handling cases. The legal costs can be prohibitive. So, instead of engaging in such court disputes, an out-of court settlement should be brokered as this is seen as less acrimonious and cheaper.
What requires to be done in this case must have respect for rule of law and respect for the laid down procedures on termination of an individual’s contract of employment. From the facts of the case, Anne has not been in breach of any terms of her employment. Therefore, by dismissing her, it would be in total disregard of the law and would amount to breaking of the law. The management can only afford to discuss with her on how they can all work together with minimal disturbance of her performance. She should be given maximum support from the management so that she comprehensively deals with the medical problem. Once it is treated and healed, she would resume her normal duties and deliver as she used to when she was well.
Based on the facts presented in this case, employers must learn to abide by the rules of the game. Respect for the labor laws, rules of natural justice, and human rights is not an option (Norman, 2008). They must also avoid unnecessary legal engagements as these lead to costs that can be avoided had been the issues at hand amicably resolved through other peaceful means. This would create a favorable environment for working andd thereby allow the management to realize the set goals and objectives of the organization. Consequently, every decision must be made within the limits of the law to avoid any legal engagements with any aggrieved parties.
It is possible to create an environment free of retaliation with an aim of achieving the set productivity. By equipping and supporting employees they can be helped to identify strengths and weaknesses and to make the contribution expected of them. This can be achieved through exercising ethics and professionalism in the place of work. Respect for law and the laid down regulations would create harmony within the organization (Stephen, 2009). Sense of discipline and responsibility should also be instilled into all the parties working within the organization. Where these elements are present, there is respect for all and understanding amongst all the persons involved. This would promise amicable way of dealing with any disputes should they arise. It also prevents unwarranted occurrence of issues since the parties are understanding, informed, and have respect for humanity and law. These would, therefore, create an environment free from retaliation.
Within any organization, human resources who are charged with various responsibilities for the realization of set objectives are involved. These individuals perform different roles and, therefore, create various relationships towards other employees and the management. Disagreements are inevitable in any working environment. The management must adhere to the law in trying to solve them. This would give their decisions some legal backing. It would also reduce the amount of cases to be involved in, thereby saving on funds. Therefore, there is a need to have the knowledge of the operations of any aspect regarding a particular decision.
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