HRM3013: Analysis of Employment Law in Karen Lyon Case Scenario

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Added on  2022/10/07

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This report provides an analysis of an employment law case centered on Karen Lyon's allegations of sexual harassment against her supervisor, Joe Bloom, within the Wilson Bros. company. The report examines the legal responsibilities of the Director of Human Resources in addressing the situation, emphasizing the need to maintain a safe work environment and prevent future incidents through the implementation of policies and procedures, including investigations under the OHSA and adherence to human rights principles. It explores arguments for and against Joe Bloom's dismissal, considering the evidence presented by Karen and the legal implications of the situation. The report also addresses potential judge awards in a wrongful dismissal case, referencing relevant legislation and case law to illustrate how such cases are evaluated and resolved. The analysis underscores the importance of addressing workplace harassment promptly and effectively to protect employees and uphold legal standards.
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EMPLOYMENT LAW
Running Head: EMPLOYMENT LAW 0
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EMPLOYMENT LAW 1
Table of Contents
Right thing..................................................................................................................................2
Responsibility.............................................................................................................................2
Longer-term strategy..................................................................................................................2
Arguments for and against Joe Bloom dismissal.......................................................................2
Judge award in a wrongful dismissal case.................................................................................3
References..................................................................................................................................4
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EMPLOYMENT LAW 2
Right thing
It is not acceptable to ignore sexual harassment, whether or not someone has
complained (Mcdonald, 2012). Karen did not do the right thing. According to the Canadian
legal decisions sexual harassment is an abuse of power. From the perspective of human
rights, this was a legal duty for Karen Lyon to respond and prevent sexual harassment at the
same time as the handwritten letter. She would be more vulnerable to sexual harassment by
identifying ground codes. As there was no rule regarding harassment she could force to take
the action under the Occupational health and safety act.
Responsibility
The responsibility of the director of human resources is to maintain a safe
environment and solve the issues for running the organization smoothly (Ponting, 2017). As a
director, I will establish a committee for the inspection of provincially. For this section 32.0.7
of OHSA would be applied within the organization that refers procedure to investigate
workplace harassment. As there is no current rule within the organization, this procedure will
include the outlined method to legally consider a discrimination form that includes Title VII
of the civil rights act of 1964.
Longer-term strategy
This is necessary for the organizations to maintain the long term strategies to generate
values (Charlesworth & Graham, 2015). I will address the Joe Bloom to stop and take the
steps to stop it from happening. My primary responsibility will include a legal duty to
respond and prevent sexual harassment and established an environment to respect the right of
human. As a manager of human resource will consult with the committee to maintain and
develop a workplace harassment program. I will issue orders and requirements for the
contravention of regulation of OHSA. Policies will be established to investigate the incidents
that come under the criminal code like sexual assault, assault and criminal harassment of
section 4.3.
Arguments for and against Joe Bloom dismissal
The letter points out that Joe Bloom is a falter. He had sexually harassed Karen while
she works. Evidence indicates that Karen has a detailed description, times, and dates or many
unwanted advances like touching physical exposure and that is continuing. Was she telling a
lie? She has been working with the organization for more than six years and not point out any
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EMPLOYMENT LAW 3
issue and has clear evidence to support her issues. According to the article XI, it will bring
the opportunity for women to bridging the gap that has been placed between men and women.
There would a proper procedure to review the issue and should be operated by the
support of management. The evidence she is providing can be generated and why she did not
provide earlier. As per the law, this is also not right to bear sexual harassment. It would have
the opposite effect. Article XI supports that it would limit the choices that are necessary for
the workplace environment. The incident took place two years ago. Laws on the basis of
Ontario has addressed that sexual harassment is more than a safety problem and unaccepted
in the workplace, as it is violence form.
Judge award in a wrongful dismissal case
According to the human right act of 1974 section 6 (1) in this case, a judge would
observe the situation correctly and analyze the facts of the situation. The judge would give
the proper time to provide the proofs. The judge will take support from the board of inquiry
to understand the case of sexual harassment. The evidence supports Karen than Joe Bloom
will be penalized based on inquiry to criticize her. The judge will instruct the organization to
apply the guidelines or policies to smoothly run the organization. For example in the case of
Carol Shaw presents that sexual harassment caused the performance of employee and
organization and the members of the organization including owner should not support the
wrong person.
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References
Charlesworth, S. & Graham, T., 2015. Strategies in Workplace Sexual Harassment.
Asia Specific Journal of Human Resources, 53(01), pp. 41-58.
Mcdonald, P., 2012. Workplace Sexual Harassment. International Journal of
Business Ethics, 14(01), pp. 01-17.
Ponting, S., 2017. Harassment. International Journal of Business Management,
08(05), pp. 28-96.
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