NewCorp Scenarios Legal Brief Report (Assessment)

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There are various legal issues surrounding NewCorp’s decision to dismiss Pat without any reasons. In particular, the company is at liberty to terminate any contract based on the behavior of the employees which it deems unacceptable. This implies that a company may dismiss any employee for no reason at all. Nonetheless, Cheeseman (2010) says that the labor laws prohibit some actions that a company may undertake.

The employer should not fire Pat on the grounds of faith. Apparently, Pat says that the manager has been acting in a way that attempts to ‘silence’ him in the boardroom. Besides, the management has been noticeably unfriendly. As such, there are no grounds to fire Pat on prejudicial perceptions about him.

Besides, NewCorp ought to understand that any act of dismissal should not arise in contravention of any pre-existing public policy (Cheeseman, 2010).

Based on that, the company should abide by the labor laws and understand that dismissal of any employee should be in line with laws that protect workers from such unlawful actions. Moreover, the company could undertake the action of dismissing the employee. This is because of the fact that the contract signed indicates that the employer retains the right to hire and fire any employee at will (Werther & Keith, 2000).

The case scenario has different perspectives from which the organization can act. At the outset, it is wrongful to deny an employee’s request for a transfer from work contexts where she/he is suffering from discrimination. According to the code of ethics governing employees, any employee/supervisor should not express any acts of intimacy and personal relationship towards other employees (Werther & Keith, 2000).

Undoubtedly, Sam is exhibiting unprofessional behaviour when he denies Paula a transfer to another department. The reason is that he has an intimate relationship with her. Besides, it is wrongful for the company to predispose any employee to a hazardous environment that may lead to health problems.

Considering that Paula is pregnant, the department that she prefers may injure the health of her unborn baby (Cheeseman, 2010). To avoid litigations arising from such eventuality, NewCorp has the obligation to deny the transfer request forwarded by Paula. Hence, it is important to transfer Paula to another department since it turns out, the supervisor might take advantage of the employee because of her pregnancy.

The labor laws prohibit any company from dismissing or denying employees their rights due to pregnancy. Acting like that, the organization will deny the employee the right to work in a situation free of discrimination.

The case reflects a regulatory compliance issue. The company has predisposed the employee to an environment that compromises his/her health. Despite complying with safety regulations that deem the working context to be safe, Paul still suffers from a health condition that emanates from his work.

Weiler (2006) asserts that the company should comply with the set out rules and standards to protect the employees from job-related health complications. To address these issues, Blustain (2009) articulates that the company ought to evaluate the effect of the job context on the employees’ health.

In addition, it ought to increase the standards of safety in the work environment. Failing to do this, the company may continue to face litigations. Currently, the organization seems to be headed for a loss in the event that Paul takes the matter to the court. Indeed, he has already threatened to hire a lawyer.

References

Blustain, H. (2009). Company Policy Manual: Special ReportOutplacement in Times of Organizational Change. New York: Panel Publishers.

Cheeseman, R. (2010). Business Law, Legal Environment, Online Commerce, Business Ethics, and International Issues. New Jersey: Prentice Hall Publishers.

Weiler, C. (2006). Governing the Workplace: The Future of Labor and Employment Law. Cambridge: Harvard University Press.

Werther, B. & Keith, D. (2000). Human Resources and Personnel Management. New York: McGraw-Hill.

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