CASE 4

Case 4

Kerkko Jahnukainen

Case 4 aNew York Police Inspector Is Charged With Sexually Abusing Female Officer

The news article talks about a police officer in Bronx, who sexually assaulted one of his employees. In fact, he was her supervisor, which may suggest that he tried to exploit his power in the hierarchy.

Both, employers and employees have certain rights. Not being harassed (as well as sexual assault obviously being illegal) is one of them, as everyone should have the right work in peace.

Now perhaps one of the issues here is also employer/supervisor protection, as they should also be protected fro employers. In cases like, a proper investigation needs to done before moving forward in order to make the correct decisions which are fair and follow the juristic system. In this particular case, it seems that the court is merely relying on the word of the supposed victim, which can't be considered hard evidence.

https://www.nytimes.com/2016/11/19/nyregion/new-york-police-sexual-abuse-of-officer.html?_r=0


Case 4 b: Receipt rage: Why food is being served with a side of hate

This case is an article which talks about the behaviour of waitresses specifically in America. Is says that phenomena, where waitresses write rude messages to customers on their receipts, has become more and more frequent. This of course being very concerning to restaurant owners.

The problems of this issue steam al the way from social and jurististic level, where swearing, calling people names and racial slurs is not socially correct and quite frankly also at certain point illegal.

One might consider this a limitation of freedom of speech or expression, but in this case the employer has every right to restrict of even punish for this sort of behaviour.

Now, how would one start eliminating this bad behaviour. First and probably he most common is to practice some sort of discipline. Giving out a warning and making it clear that this sort of behaviour is not okay and if continued will lead to further actions such as suspension or in the worst case, discharge. Before, the latter actions may be take (like suspension) there must be an investigation to determed which perosnel(es) are responsible for the actions. 

Another way, is to prevent this isssues preemptivly via HR in the hiring process. Trying to vet out persons who seem to risky. In the restaurant business it might be hard to filter these people out as most of the are quite young people with generally little working experience and/or little education/studying at the moment. For this matter, problems like this (behaverioal ones) are probably quite common in low income jobs which require very little to no education. People work minimum wage, which might make their job seem unimportant to the employees.

http://www.foxnews.com/food-drink/2015/08/28/receipt-rage-why-food-is-being-served-with-side-hate.html

Case 4 c: Flint family says Navy is retaliating for speaking out about water crisis

The article talks about a family living in Flint, Michigan, USA. The family suspected their water being contaminated and which latter turned out to be true. But when they tried to draw attention to glooming issue, in stead of getting the proper assitantnce, the family's father was faced with bullying and other demeaning behaviour at his work(US Navy).

Clearly, this is a case of work place bullying, an issue where supervisors and bosses should immediately make an end of (and most defiantly not join, as what happened here).

Many employee rights are broken, for example workers private life shouldn't in most case have any affect on his job. Issues (if they don't affect work) in private life should not be a reason for demeaning behaviour from supervisors. In this case, the father said he was basically demoted to a lower position due to things happening back at home.

Every employee has the right to work in a non-hostile environment.

https://edition.cnn.com/2016/11/29/health/whistleblower-complaint-us-navy-flint/index.html





Sources: Luis R. Gomez-Mejia, David B. Balkin, Rober R. Cardy: Managing Human Resources



McDonald’s ex-manager: We bullied teens to do unpaid work


This story tells about a former McDonald manager forcing employees to work unpaid shifts. A clear case of exploting the power of an managerial position and young people.

James Ried
https://thenewdaily.com.au/money/work/2017/04/04/mcdonalds-manager-unpaid-work/

Employee’s rights and obligations

In Finland an employee has the right to:
  • remuneration in accordance with the collective agreement and other minimum provisions
  • the protection provided by acts and contracts
  • join a union
  • a healthy and safe working environment
An employee has the obligation to:
  • perform their work carefully
  • observe the agreed-upon working hours
  • follow the instructions of the management
  • decline from activities which compete with those of the employer
  • keep business and trade secrets
  • take into account the employer’s interests

https://www.infopankki.fi/en/living-in-finland/work-and-enterprise/employee-s-rights-and-obligations

4 Examples of workplace discrimnation

This article goes more in-depth into different types of bullying. It also talks about the difference between harassing, sexual harassment, bullying etc.

It is unlawful to discriminate against someone due to their protected attributes:
  • Race, colour, national extraction or social origin
  • Sex, gender identity or sexual orientation
  • Age
  • Physical, intellectual, mental or psychiatric disability
  • Pregnancy or potential pregnancy
  • Marital status, relationship status and family or carer’s responsibilities
  • Religion
  • Political opinion
  • Trade union activity
Examples of discrimination occurring in the workplace can include
  • Job refusal
  • Being dismissed or having shifts cut down
  • Denial of training opportunities, transfers and promotions
  • Not being paid the same as someone doing the same job with the same experience and qualifications
  • Exclusion or isolation by co-workers
  • Having information you need to do your job deliberately withheld
  • Being given impossible tasks
  • Being subjected to taunts or abuse that references the protected attribute
It also includes many more indepth examples.

www.mdclegal.com, 30.1.2017

http://www.mdclegal.com.au/4-examples-workplace-discrimination/




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