Contract Public Management Union

docx

School

Jinnah University for Women, Karachi *

*We aren’t endorsed by this school

Course

MISC

Subject

Management

Date

Nov 24, 2024

Type

docx

Pages

Uploaded by MinisterSeahorsePerson1933

Contract Public Management Union Student Name Course No/Title Institution December 4, 2023

Question No. 1 Workplace grievance is inevitable. The law requires every employee to file a workplace grievance. A grievance refers to a formal complaint filed when an employee is affected negatively by the workplace environment or employment contract terms. An employee in a union typically files a complaint when not meeting the collective bargaining terms (Indeed, 2023) . An employee in a unionized workplace files a complaint when the company policies are misinterpreted or misapplied. Therefore, employers must learn to deal with employee grievances effectively and fairly. An organization with an approved grievance procedure will face no difficulties dealing with the matter. There are various procedures to resolve employee grievances. An employee with a grievance about the workplace environment or union bargaining may resolve the matter by discussing it directly with the supervisor. The employee may discuss the employment terms as a specific clause of the claim within 15 days. The employee desiring a union to support the discussion must be entitled to the union. The concerned employee or the union representative may forward the matter to the next higher supervisor within 15 days if the first supervisor fails to resolve the matter. However, in the warrant circumstances, the union representative and the designated management personnel should discuss the grievance and document the result within 15 working days. The employee not getting a satisfactory solution in the mentioned procedures may submit a cause of complaint with the head office of the union after five working days. The head office then arranges an interview between the union executive officer and the college to discuss the matter. If they fail to reach a solution, they can pass the complaint to the Labor Department within 21 days under the Industrial ACT Chapter 321 or other legislation in force. The grievance matter may go to the Industrial Tribunal if it remains unresolved after

going through all the procedures and the reconciliation process by the Department of Labor. The two parties must agree to process it to the Industrial Tribunal. It must document the results of the procedures, allowing the employee and union representative to view the documentation. Question No 2: Employees may need to take time off for vacations, personal matters, and sickness. There are many leave types in work. The organization must know the leave type to create a sound leave policy. The contract provides leave types to include in organization policies and manage accordingly. An employee may claim a compassionate leave if an immediate family member dies. He can take six days or up to eight working days of leave where travel is necessary. He can request a three-day or a five-day leave if a household member dies. The contract entitles the employer to receive evidence to verify the relation with the deceased. If the sudden event happens during employee vacation. The contract prohibits the employer from converting the employee's vacation days to compassionate leave. A maternity leave is a period of absence from work before and after the birth is born. The employer must grant 14 days (once every three years) leave or an additional leave to female employee and adjust the pay according to section 22(1) part b of the National Insurance Act. The employee may hold maternity leave when the infant is under hospital care and resume after the hospital releases the infant. The employee will return to the original position after the leave. The male employee gets a 4-week full-pay paternity leave to bond with the child. An employee with a year of service can claim paternity leave once after three years. The paternity leave is excisable only if the child is born in respect of wedlock. In addition, the employee must submit the necessary documents to the college to establish his eligibility for

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

the leave. Employees with eight years of service with no adoption leave history can claim once after two years. Another leave type is sick leave. An employee can ask for a sick leave if unable to perform duties due to bad health. A monthly employee gets 22 days of paid sick leave per year. However, a sick leave exceeding the days limit will not get full pay but 7/8 pay to a maximum of six months. The employee can reduce the pay to half after a maximum period of another six months. The employee must notify the employer about illness within a day and provide a physical statement that is fit and can resume work. Question No. 3a The employer must take reasonable care and provide a safe and healthy work environment. The laws make employers responsible for ensuring a safe workplace environment for employees (Tshoose, 2011) . Article 47 of the industrial agreement between the college and the public Union also presents the employer's duties to have a safe and healthy environment. The first clause of the article relates to the number of employees to perform the additional duty of first aid. The clause states that the employer agreement with the Union must select a minimum number of employees to perform first aid tasks in addition to their routine work. The employer must provide necessary first aid training and kits to the selected employees to enhance their capability to perform their duties at their best. Article 47 requires the employer to test Fire Drills twice (each year) at all workplace areas with ten or more employees. The employer must install fire extinguishers in the workplace areas. In addition, the employer should regularly check the installed fire extinguishers to ensure they are functionally perfect. There is always a risk of unexpected events beyond the control of the employer. Such circumstances may create temporary hurdles for the employer. Yet, the employer must ensure the employee works in safe and healthy conditions.

Question No. 3b Clifford and Challan (1951) relate to the liability of an employer. The employer provided cream to protect the staff's skin from synthetic glue. However, the supervisor encouraged employees not to use the cream. The employer was negligent and failed to keep protective substances on the premises. Employees were required to work with dangerous substances that could affect their health. He neglected his duty of providing a barrier cream but failed to promote the use of the barrier cream through the supervisor and ensure the employees use the cream to prevent skin problems. The employer neglected his liability of providing safe equipment and enforcing a system for employees to adhere to the safety instructions. The court declared the employer for contributory negligence and held fifty percent liable in the matter. The General Cleaning Contractor v Christmas (1953) A.C relates to employer liability to provide a safe working system. One of the cleaners was injured while performing cleaning duty. The employer did not provide proper instruction or training concerning the sash windows cleaning. The House of Lords declared that it was the employer’s task to visit the work area, asses the risk, and plan a safe working system to minimize the risk. It suggested necessary training, wedges, and other work system to prevent work injury and make the task reasonably safe for the workers. The case emphasizes planning a working system in agreement with the employee to have an agreed and safe work system.

References Indeed. (2023). Handling Employee Grievances: Grievance Procedures for Your Workplace . Retrieved from Indeed: https://www.indeed.com/recruitment/c/info/grievance- procedures-for-a-workplace Tshoose, I. C. (2011). Employer's duty to provide a safe working environment: a South African perspective. Journal of International Commercial Law and Technology, 6 (3), 165+. Retrieved from https://link.gale.com/apps/doc/A265755210/AONE? u=anon~d6450401&sid=googleScholar&xid=4314c12c

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Contract Public Management Union

Related Documents