Employers’ Rights – It is an unfair labour practice for Employers to attempt to interfere with the formation or selection of a Union. However, Employers or managers are permitted to communicate statements of fact or opinions reasonably held with respect to the Employers business. On the day of the vote, neither the Union nor the Employer may, at the workplace or polling place distribute printed material or engage in electioneering for the purposes of influencing the vote. Once certified a Union becomes the exclusive bargaining agent for all of the employees in the bargaining unit whether they are members of the Union or not. The Employer cannot settle wages and working conditions directly with the employees. The employer is required to negotiate only with the Union which has been certified and no other one. After certification a Union can, by notice, compel an Employer to meet and bargain a collective agreement.
Workplace dress codes brought to heel by Australia’s discrimination laws
As used in this part, the term: A bet does not include: A Contracts of indemnity or guaranty or life, health, property, or accident insurance; or B An offer of a prize, award, or compensation to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the owners of animals, vehicles, watercraft, or aircraft entered in such contest. Use of skill stops shall not be considered assistance by the player; or D Any video game machine or device, operated for any consideration, for the play of poker, blackjack, any other card game, or keno or any simulation or variation of any of the foregoing, including, but not limited to, any game in which numerals, numbers, or any pictures, representations, or symbols are used as an equivalent or substitute for cards in the conduct of such game.
Any item described in subparagraph B , C , or D of this paragraph shall be a prohibited gambling device subject to and prohibited by this part, notwithstanding any inference to the contrary in any other law of this state.
The Rules of Workplace Romance Office relationships can lead to sexual harassment claims. Share on Facebook Cultural attitudes toward workplace romances are shifting. According to a survey conducted by Vault. Times are changing, and as companies reach out to hire recent college graduates, employers should be aware of the potential risks. When Romance Becomes Harassment State and federal anti-harassment laws require employers to take all reasonable actions to prevent unlawful harassment in the workplace.
Sexual harassment can come in various forms,including visual such as cartoons and pornography , verbal lewd jokes and unwanted advances, for example and physical groping. The possible claims that can arise from an office romance are virtually endless. A subordinate employee may claim that he or she consented to a sexual relationship because he or she was threatened with a demotion or pay cut.
One more step
Can’t find a category? Harassment is a type of employment discrimination involving unwanted, inappropriate, or hostile behavior in the workplace. While workplace relationships are not considered harassment per se, it is possible for workplace relationships, especially ones of a romantic nature , to lead to situations that give rise to harassment claims.
January 24, By David Yamada in avocations , career planning , lifespan issues , meaningful work , personal finances , politics , poverty , retirement , strategies for change Tags: A favorite West Wing episode comes late in the series season 6, episode McGarry is returning to White House duties after a heart attack and bypass surgery, and the Bartlet Administration has only a year left in its second term. The President is fatigued due to a chronic illness, and McGarry is struggling to regain his health and his role in the Oval Office.
Too often the Administration is letting events control it, rather than the other way around. Leo senses that maybe the President and his inner circle are simply running out the clock, while trying resting on their laurels. In a great scene featuring McGarry and the President, Leo challenges his long-time friend and fellow political war horse to push hard during their last year in office: A Gen Joneser rallying cry?
Hostile Work Environment
Whether or not there are policies forbidding them, office relationships happen. Dana Brownlee, president of professional training development company Professionalism Matters , advises against initiating a romance with your manager, or, likewise, with anyone who reports to you directly or indirectly. Perhaps that makes sense given the amount of time we spend at work:
Favoritism is exactly what it sounds like: For instance, a manager consistently offers an employee the best and most highly-regarded projects, even though that employee does not perform well enough to deserve them. Or perhaps an employee is offered a promotion over someone else who has been at the company longer and has more experience. Oftentimes, favoritism occurs when a manager and an employee have developed a friendship beyond the workplace.
Perhaps they worked together previously and have a shared history, or maybe they have bonded over common outside interests, like sports or music. Another form of favoritism is nepotism. When either favoritism or nepotism takes place in the workplace, the effect is usually the same. It leads to a number of negative results, such as: When employees perceive that there is favoritism in how they are treated by management, a sense of unfairness creeps in.
What then follows is resentment towards the manager who is unfairly favoring an employee who may not be the most deserving, as well as towards the favored employee who is taking advantage of the situation.
Legal issues associated with dating in the workplace
Gillianne Tedder “We think that workers should be able to organise where the power is,” Ms McManus said. That is expected to involve unions being able to negotiate across entire industries or supply chains to set pay and conditions – a significant break with the orthodoxy of the past 25 years. Advertisement Ms McManus also wants major changes to how the pay of millions of low-paid workers are set in awards, the wages safety net.
But, in the legal sense, a hostile work environment is caused by unwelcome conduct in the workplace, in the form of discriminatory harassment toward one or more employees. Other names for a hostile work environment include intimidating work environment, offensive work environment, abusive work environment and hostile workplace.
The harassing workplace bully might be an employee, such as a bad boss or coworker, or even a non-employee such as a client or independent contractor. But who the workplace bully is doesn’t matter as much in the legal sense, as does the fact that he or she is creating an intimidating, offensive, abusive or hostile work environment through discriminatory workplace harassment. Both victims and witnesses are protected under the relevant laws.
The courts recognize that witnesses too might suffer consequences of workplace hostility, even though they were not the direct targets. Hostile Work Environment Laws There are no Federal “hostile work environment laws” or “hostile workplace laws” named as such. Creating a hostile workplace is prohibited under certain Federal discrimination laws listed below. Subsequently, to be illegal under one of the laws in the eyes of the courts, a hostile work environment typically must be caused by discriminatory workplace harassment based on race, color, religion, national origin, disability, genetics, age or sex; or it must be caused by retaliation in violation of a discrimination law.
Reservists and veterans are protected from a hostile work environment based on their military service, but under a different law. For more information, see Employment Discrimination for Military Service.
What do You think?
Who does it apply to: What privacy rights do citizens have in general: The Fourth Amendment protects private citizens from government intrusions and there are legal claims available for citizens to bring against other citizens who intrude on their privacy, but these are more limited than you might think. How do privacy rights translate into the workplace: Private employers are not subject to the Fourth Amendment, and they can make employees surrender most of their other privacy rights as a condition of employment.
Thinking About Work-Life Balance? The real issue of work-life balance is about what kind of a life you want to have. Work plays a part in life–it’s not designed to be the other way around. You may not even like the answer at first. It may conflict with expectations from you, your family, the community, and even society at large. Real people searching for balance A few years ago my wife and I were visited by a young married couple I’ll call them Phil and Ann who wanted to talk about some choices they were confronting about their life together.
The real issue emerged when Ann said, “I think I will need professional fulfillment over the long run. We really want to have children soon, too. How do you achieve that kind of balance?
Ethics vs. Legal Responsibilities
Sex-Based Discrimination Sex discrimination involves treating someone an applicant or employee unfavorably because of that person’s sex. Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII. For more information about LGBT-related sex discrimination claims, for more information see http: Sex Discrimination Harassment It is unlawful to harass a person because of that person’s sex.
Without a clear policy, an office relationship can lead to charges of sexual harassment and legal consequences for the employer. Read More… Although some companies chose to have no policy on dating, that leaves them open to potential liability if a supervisor is shown to have sexually harassed a subordinate, for example, by giving a poor performance review to a former partner. To avoid this, companies institute various types of dating policy. No-Dating Policies No dating policies generally ban dating between a supervisor and their subordinate.
Employment attorney Anna Cohen, writing in HR Hero Online, suggests that no-dating policies can be problematic, as it is difficult to define exactly the type of behavior that will be restricted. For example, in the case of Ellis v. United Parcel Services, the 7th Circuit appellate court upheld a no-dating policy that forbade managers from a romantic relationship with any hourly employee, as long as it was consistently enforced.
However, in its opinion, the court also stated that the policy may have gone too far. Notification Policy Another option is to require employees to report whenever they enter into a consensual relationship. This helps to protect the company from later charges that the relationship was not consensual and constituted sexual harassment. With this type of policy, the employees would also have to notify you whenever a relationship ends. For this reason, notification policies are sometimes seen as intrusive.
Your 17 Most Embarrassing Workplace Screw-Ups
By Alison Doyle Updated November 10, What is workplace discrimination, and what constitutes discrimination against employees or job applicants? It is illegal to discriminate in any facet of employment, so workplace discrimination extends beyond hiring and firing to discrimination that can happen to someone who is currently employed. What is Employment Discrimination? It is illegal to discriminate based on race, religion, gender, or national original when hiring or in the workplace.
Federal contractors and subcontractors must take affirmative action to guarantee equal employment opportunity without regard to these factors. In addition, Title VII of the Civil Rights Act of makes it unlawful to discriminate in hiring, discharge, promotion, referral, and other facets of employment, on the basis of color, race, religion, sex, or national origin.
Discrimination and Harassment Favoritism in the Workplace: Playing favorites in the workplace may be illegal; it all depends on why some employees are favored and others are not. Share on Facebook There’s no question that favoritism is a bad management practice: It breeds resentment, destroys employee morale, and creates disincentives for good performance.
Once employees see that benefits flow from being on the manager’s good side — rather than from doing a great job — there’s little point in working hard. And favoritism leads to lost productivity, as employees who aren’t getting the plum assignments spend more and more time gossiping and griping about how unfair the system is rather than doing their work.
But is favoritism illegal? It depends on why employees are being favored or disfavored.
Favoritism is exactly what it sounds like: For instance, a manager consistently offers an employee the best and most highly-regarded projects, even though that employee does not perform well enough to deserve them. Or perhaps an employee is offered a promotion over someone else who has been at the company longer and has more experience.
Oftentimes, favoritism occurs when a manager and an employee have developed a friendship beyond the workplace. Perhaps they worked together previously and have a shared history, or maybe they have bonded over common outside interests, like sports or music.
When a situation arises that benefits an employee while affecting your company, it becomes a conflict of interest. So what are some examples of situations your employees might find themselves in? Examples of Conflicts of Interest Hiring an unqualified relative to provide services your company needs. Starting a company that provides services similar to your full time employer.
Making arrangements to work for a vendor or client at a future date while continuing to do business with them. Offering paid services on your time off to a company customer or supplier.