HRPD 706 Labor Law: Grievance Arbitration Simulation Case Study

This case study presents a grievance arbitration simulation involving Goodtime Food Products Ltd., where an employee named Rano was terminated from her regular work without proper notice, leading to a dispute between the union and management. The core issues revolve around whether the company can dismiss a worker without a hearing and the misconduct of the worker towards a supervisor. The union argues that Rano's dismissal was unfair, citing a lack of reasonable cause and inadequate notice, potentially constituting constructive dismissal due to changes in job position and pay. The case outlines the facts, including Rano's work history, the supervisor's decision to train a replacement, and the subsequent confrontation. The union intends to present evidence supporting Rano's claim, emphasizing the importance of lawful reasons for termination and the protection against constructive dismissal. The case touches on the arbitration process as a means of dispute resolution, highlighting its binding nature on both parties. Desklib provides access to similar case studies and solved assignments for students.

Labor and employment law

Table of Contents
Union Opening statement................................................................................................................3
Summary of the issue/grievances................................................................................................3
Position taken on issue.................................................................................................................3
Outline of the case.......................................................................................................................4
Overview of the evidence to be presented...................................................................................4
References........................................................................................................................................6

UNION OPENING STATEMENT
Summary of the issue/grievances
The present case is related with the company, named as Goodtime Food Products Ltd. The
workers of the company are covered by the collective agreement. The issue of the given case is
described below –
 Whether the company can dismiss any worker without any opportunity to being heard?
 Another issue is related with the misconduct by the worker towards manager of the
company.
Therefore the unfair dismissal of the employee and the behavior of the worker at the workplace
are the two main issues in the given scenario.
Position taken on issue
An employer of the company can remove the employee for a several reasons, such as bad
performance, wrongdoing, and redundancy (Collins, 2017). A wrongful dismissal of the
employee takes place in the following two situations –
 If the employer terminates an employee without any reasonable reason and fails to
provide an adequate notice.
 If the employer terminates an employee with a reasonable reason but fails to provide a
notice of dismissal.
However, the employee may challenge their dismissal. There must be proper reason for the
challenging the termination of the employee (Davidov, & Eshet, 2015). Further, a dismissal

may be unreasonable due to the reason behind it, or the manner in which it is carried out
(Kovács, 2016). In the present case, Rano is engaged in the monitoring a machine that was
filled with pickle bottle. She is performing well, sometimes she is appointed for the other job
of inspection. However, supervisor of the company without any notice or information,
terminate her. She wants to ask the reason for the termination; however Thomas did not pay
attention towards it. Therefore, termination of the Rano from the regular work to the
inspection job is not fair. Further, the pay of inspection job was also less as compare with the
filling job; therefore it may lead to negative impact on the Rano. Overall, by considering the
facts of the given case, Union supports Rano for the unfair dismissal.
Outline of the case
In the given case, the company terminated one of the employee named as Rano. She was
appointed at a packing station of the company for monitoring a machine. Sometimes, she also
moved to another job in the inspection of the plant. Thomas, was the supervisor of the company.
He decided to trained the another worker for the replacement of work of Rano. After sometime,
other worker told Rano about taken off her regular work. By this she became angry and used bad
language for the Thomas. She misbehaved with Thomas. On the other hand, Thomas also did not
tell the reason of taken off her regular work. The payment of inspection job was less than as
compare with filling job. She presented the grievances to the Thomas, however he did not
consider it and told her to ho back work. Further, when supervisor Thomas went to inspection
area, Rano get angry and also disobeyed with him.
Overview of the evidence to be presented
The employer and the employee has right to terminate the employment connection only for
lawful reason (Gheorghe, 2018). In the given study, it is stated that employee of the Goodtime

Food Product Ltd are covered by the collective agreement. There is the difference between the
right of the employer to remove the employee in case of unionized or non-unionized. Generally a
unionized employee can be terminated only due to the lack of performance. The employee has
right to safeguard against constructive dismissal. Constructive dismissal occurs at the time, when
the employee is still the employee of the company, but the position of the job has been changed
by the company in a significant manner, without any consent of the employee. If the employer
changes the job requirement in a manner that leads to unfair or unreasonable to the expectation
of the employee, then it is regarded as a constructive dismissal.
In the given case, Thomas changed the job position of the Rano in a significant manner, without
obtaining consent of her. Changing in the job position leads to the unfair as because the pay in
this job was less as compare with the earlier pay.
The employee can start the arbitration process against the employee. Arbitration is a form of
setting the dispute, therefore it is refers as an alternative dispute resolution. The decision of the
arbitration is binding on both parties (Noll, 2017).

REFERENCES
Collins, P. (2017). The Inadequate Protection of Human Rights in Unfair Dismissal
Law. Industrial Law Journal, 47(4), 504-530.
Davidov, G., & Eshet, E. (2015). Intermediate approaches to unfair dismissal
protection. Industrial Law Journal, 44(2), 167-193.
Gheorghe, M. (2018). Observations relating to compensations in the case of admission to the
complaint against of the dismissal decision. Juridical Tribune/Tribuna Juridica, 8(3), 25-
30.
Kovács, E. (2016). Individual Dismissal Law and the Financial Crisis: An Evaluation of Recent
Developments. European Labour Law Journal, 7(3), 368-386.
Noll, D. L. (2017). Regulating Arbitration. Calif. L. Rev., 105, 985.