Human Resource Case Study Assignment

Running head: HRM
HRM
Name of Student
Name of University
Author’s Note

1HRM
Case study 1: Neha
Answer 1
The jurisdiction under which the nursery falls is TCRA jurisdiction. The nursery owner
did violate the Human Rights Act in numerous ways. Firstly he started behaving in an awkward
manner, he used to put his hands on her shoulder, hips and places which made Neha very
uncomfortable, this way he violated the Human Rights Act because behaving with an employee
which makes him uncomfortable. Secondly he started sharing his personal problems with Neha,
in which she was not at all interested. Here he violated the law because sharing personal
problems with an employee at workplace is illegal or ethically wrong (Howard-Hassmann,
2018). After that he once tried to create physical intimacy with her, here Neha backed out and
clearly stated that she had a partner already and she was not interested in any other relationship
other that professional with Mr. Carmelo. Even after she backed out and made things clear to
him, Carmelo invited her at his apartment for making physical intimacy with her, when she
refused to go to his apartment, he fired her. This was completely against the Human Rights Act
because according to the law it is illegal to fore physical contact on an employee and if the
employee refuses to it, under no grounds he can be terminated.
Answer 2
When Neha had first become uncomfortable with the nursery owner’s behavior but she
could not tell it to him because he was the owner of the nursery and her boss as well, hence she
did not have the courage to tell him because she might have got fired or a mess might have been
created by the owner saying that she had approached to him first. Secondly when she first backed
out she expected him to understand and stop continuing with his deeds, but he continued with
that.

2HRM
Answer 3
Under various circumstances as outlined in the provided case study, she is under few
legal obligations with the support of which she can complain against the nursery owner and his
deeds. As an employee she has a right to have a workplace that is free from any kind of
discrimination and sexual harassment (Banks, 2016). The employer is usually responsible and
has a duty of care for ensuring her wellbeing a work and health. Implementation and
enforcement of various policies on harassment would help in employees to know what must be
done when they face such issues. In case of sexual harassment, the nursery owner can be found
vicariously liable, he might be found accountable for his actions.
Answer 4
Termination of Neha was a factor when determining because her rights were completely
violated, she was not provided with a free and comfortable environment in her workplace, she
was also harassed and he tried to make physical contact with her. She was not provided with
good behavior at her workplace and the owner took advantage of his post for harassing Neha.
Answer 5
Yes, if this case study was involved with a male employee it would still be a violation of
Human Rights Code because according to that code, no employee must be harassed on any
ground in a workplace. If the case study involved a male employee and a female boss, it would
be violation as well because the case would have been same until the male employee would have
agreed for creating a physical intimacy with the boss. If the case involved a female employee and
a female boss it would be violation as well, just because the gender is equal does not mean that it
changes the level of harassment. Harassment is treated equally irrespective of the gender of a
person.