Labour Relations And Employment Law Bbal402 Essay

Question:

Discuss about the Labour Relations And Employment Law Bbal402.

Answer:

Describe the events which happened that resulted in the filling of the grievance and identify the type of grievance the manager has received.

The case under consideration relate to unionized workplace. The workplace scenario involved an employee of the company who committed a work related crime. The company is called ABC Pharmaceutical Company whose main business operation is sales and supply of medical products to different markets within the country (Richard, 2013). Three years ago, an employee of ABC Pharmaceutical Company in sales department was requested to accompany medical suppliers of the company so as to deliver medical products to the market. For the first few weeks, that employee was doing a good job (McGregor, 2012). However, the company realized that he was sneaking out some medical products from the company and sold them to different consumers in the market without the consent of the company. He practiced this malpractice which made the company to record huge losses during that period.

The suspected employee tried to deny the allegation claiming that the company had mistaken his identity. However, there were reliable sources who identified that employee selling those products to different customers. This fraud occurred at 12:30 pm on 12th August 2016. The main witness to the event was another wholesaler who used to order huge supplies from the company (Maslow, 2013). The witness said that the employee was spotted in 45 Arcade Street will some medical products. After that report was filled against that employee, the company had to conduct some investigations to prove those allegations against that employee. He was among the best sales representatives that ABC Pharmaceutical Company enjoyed working with. It matters to the company to losses him on unproved grounds (Marylene, 2014). From the investigation conducted, the company caught up with some of the customers who allegedly purchased those medical products. From invoice records, the company realized that those medical products were not authorized for supply that day. The employee must have obtained them illegally or via fraud.

When those customers identified Gibson (employee) for that crime, management team had to take hard decision to suspend and later dismissed Gibson and filled charges against him. However, Gibson was fined by the court of law and the company recovered from that damage. Although the court released him from that crime, the manager could not allow him to work for the company for any longer. He was suspended and later dismissed without clearance of salary dues and pension.

Three weeks ago, the manager received two grievances from Gibson. First, he was writing to ABC Pharmaceutical Company demanding clearance of his salary due claiming that he worked for that money in the month he was caught committing fraud (Kanungo & Manuel, 2014). Lastly, Gibson was demanding pension since that event occurred two months before his normal retirement.

Outline the responsibility of the manager and of the HR advisor in handling these grievances.

The role of the manager and their responsibilities.

In any organization or a company setup, management team is of great importance. The management team is led by a manager who propel the operations taking place in the workplace (Jones, 2012). Based on the grievances filled by Gibson, the manager has the following roles and responsibilities.

  • The manager need to revisit Gibson case and apply ethical considerations to investigate if these grievances are foreseeable.
  • The manager need to culture credibility of these grievances so as to avoid the company from breach of contractual agreement signed between the company and Gibson.
  • The manager need to understand the constitution of the company on dealing with such instances faced by the company and Gibson. This will make him determine whether these grievances are genuine or are null and void.
  • The manager has the role of protecting the property of the company from fraud and any kind of misappropriation by the employees or any other person.
  • The manager has a responsibility of ensuring all legal procedures have been followed when dealing with such cases.
  • The manager has a responsibility to make sure none of the employees will ever repeat such mistakes that resulted to huge losses to the company.
  • The manager has a responsibility to oversee all the operations of the company and he can hire an attorney to represent the company against grievances filled by Gibson.

The role of HR and their responsibilities.

Human resource department work very closely with management department to take care of employees working conditions, working culture, hiring new employee, suspension of employees and retirement process of retiring employees. HR is the head of HR department with the following roles and responsibilities.

  • He is the advisor to the management team on whether new employees are required in the company.
  • HR has a responsibility of deploying workers to different working departments (Johnstone, 2007). He was responsible of shifting Gibson from sales department to supply department.
  • HR has a role of monitoring employees’ track records on performance.
  • HR has a responsibility of determining whether a certain employee deserve payment upon dismissal or suspension.
  • HR has a responsibility of advising the company on cases involving workplace misconduct by employees.

Outline the advice you will provide to the manager on the steps they need to take to respond to the grievances.

  • There is need to consider the grievances filled by Gibson so as to assess their credibility. In that case, there is need to have a meeting between Gibson and union representative.
  • The main purpose of this meeting is to offer Gibson a chance to present his grievances (Arnold, 2010). On the other hand, it offer a chance to the company to gather any relevant information.
  • This particular meeting would be of importance to the company so as to clear that issue once and for all. This meeting can be conducted in the company’s board room on 27th November 24, 2017 from 8:00 am. During the proceedings of that meeting, it is very important to take note of all the issues tabled down by Gibson so as to pave way on the decisions and judgments to arise from his grievances.
  • Later on after the meeting, the manager need to do the following things:
  • The manager need to analyze what Gibson filled in his grievances.
  • It is also important to compare his grievance with the requirements provided by the constitution of the company.
  • The manager need to check credibility of Gibson’s grievances or whether they are null and void. This determination will be based on investigations and data gathered concerning those grievances.
  • The manager need to talk to pension regulation authority, the court and labor regulation authority.
  • This will pave way on key elements to be investigated such as whether Gibson deserve the last payment and his pension. This need to be done immediately after the meeting between Gibson and union representative.

Questions that the manager need to ask.

  1. Does the company need to pay Gibson his last payment from what he did to the company?
  2. Does the company need to process Gibson’s pension?
  3. Could the actions of Gibson a form of insider trading?
  4. Why Gibson took a lot of time before filling those grievances upon his dismissal?
  5. Who is to blame on Gibson’s action to steal from the company?

Upon filling of grievances by Gibson who was dismissed from the company due to his misconduct, the following legal aspects are foreseeable. First, the company cannot pay Gibson his last payment because the moment he stole from the company, the term of contract with him terminated (Ryan & Deci, 2017). This decision is based on company law. The term of contract terminates upon fraud act by an employee of the company which make the company to withdraw the legal duty of care to that employee.

Lastly, since Gibson did not complete his retirement period while still in contract with the company, the company is not liable to his pension along with any other retirement benefits (Thomas, 2009). In that case, he did not undergo normal retirement but was dismissed from the company.

References.

Arnold, J. (2010). Coaching Skills for Leaders in the Workplace: How to Develop, Motivate and Get the Best from Your Staff. How to Books.

Johnstone, B. (2007). Discourse Analysis. Wiley-Blackwell.

Jones, R.H. (2012). Discourse Analysis: A Resource Book for Students (Routledge English Language Introductions). Routledge.

Kanungo, R.N., & Manuel, M. (2014). Work Motivation: Models for Developing Countries. Sage Publication put.

Marylene, G. (2014). The Oxford Handbook of Work Engagement, Motivation and Self-Determination Theory. OUP USA.

Maslow, A.H. (2013). A Theory of Human Motivation. Start publishing LLC.

McGregor, D. (2012). The Human Side of Enterprise. New Yolk, 21.

Richard, A. (2013). Job Satisfaction from Herzberg’s Two Factor Theory Perspective. Grin publishing.

Ryan, R.M., & Deci, EL. (2017). Self-Determination Theory: Basic Psychological Need in Motivation, development and Wellness. The Guilford press.

Thomas, K.W. (2009). Intrinsic Motivation: What Really Drives Employees Engagement. Berret-Koehler publishers.

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