HRM202 Human Resource Management and Law Sample

HRM202 Human Resource Management and Law 

MINI QUESTIONS 

1. Discrimination and contract of employment

Jacinta  is a young woman has been working regular casual hours for the last 2 years. She  asks her employer to convert her to a permanent part time employee. Her employee tells her that she does not qualify for this as her hours are not regular. The following week, Mary’s hours are reduced, and in  subsequent weeks the hours are increased back to the previous level, but with different start times.  

• In your opinion has the employer acted unlawfully in this situation? Why? (5 marks) What action could the Jacinta take? (5 marks)

2. Wages Theft

Bepo was employed by Tong’s Chinese in one of its food court shop  in a major shopping centre. She worked ever Saturday from 9am until 9pm, with a two hour break in the middle of the day, and Monday and Tuesday  from 10am-2pm, without a break.  She received a flat rate of pay of $ 12 per hour and was not provided any casual evening or weekend loading, and was told that she did not qualify for holidays. Talking with friends, she realised that she was being paid much less than they were. 

• In your opinion has the employer acted unlawfully in this situation? Why? What action should Bepo take?

Solution

1.

The action taken by the employer was unlawful because the employee has been discriminated from the other employees. Under the Fair Act of Australia, discrimination against any employee is regarded as an unlawful act by an employer. As per the MBA Assignment Expert, This includes part-time and casual employees, full time, trainees or learners, and any individuals for fixed periods or tasks. Before reporting this case to the concerned authority, she should let her employer get an idea that she is taking the matter very seriously. She should make a report stating all the time when she was discriminate. The report should contain the correct date, approx. time, people involved, location, witnesses, and details of any improper conduct or any speech and if she does not get any positive response from the employer then Jacinta should report the discrimination immediately to the company's management because when an employer is charged by a discrimination complaint, they are obligated by the law for investigating it promptly. Getting the law involved in the case, and having the state contact your employer, will help her in getting someone’s attention quicker. Discrimination can be done on various grounds like religion, race, caste, place of birth and sex. To remove discrimination in the workplace one should always focus on their strength because focusing on their core values will motivate them to succeed and will help in removing all those negative thoughts and discrimination from the mind. Overcoming all these hardships will also help in facing future challenges. A person experiencing any kind of discrimination should immediately report the issue to their direct supervisor, manager or director. In order to gain the trust and credibility of one's company, workplace discrimination issues should be solved in a timely manner. A company should educate and train their workers about what constitutes discrimination. 

2.

The employer has acted unlawfully because the deduction was unreasonable and also the notice of termination was not given to the employee. The employer cannot deduct the money if the employee has not agreed to the writings and if it is not allowed by the law i.e., the Fair Work Commission, or by any sort of court order. A deduction is said to be reasonable only if an employee is not providing goods or services to an employer as a part of their business but if the employer is paying less even if the work was done all according to the principles stated, then the deduction is regarded as an unreasonable deduction, which comes under an unlawful act. The Fair Work Act, of 2009 says that the employer can only deduct up to one week's wages from an employee's pay under the following circumstances which include: if the employee is over 18 years of age if the deduction seems appropriate and if the employee has not provided the right amount of notice under their award. Bepo should immediately take action against it. Under the Fair Work Act, 2009, it has been mentioned that the employees should start off the court proceedings if they want to recover the underpaid wages within the six years from the date of when the underpayment started so either she should go to the court or either she can try to resolve the disputes by directly communicating to his employer under whom she is working. According to the FW Act, it has been mentioned that an employer cannot take any adverse action against the employee if they have been charged for underpayment because it is a legal right provided to an employee. One more option that she could opt for even if the employer does not increase the payment is to quit that job.