Tuesday, February 26, 2019
Case: Maple Leaf Shoes Ltd., Legal Challenges Essay
The Ontario Human Rights Code states that versed worrying occurs in situations when cardinal individual is bothering the other by claiming or doing unwanted or unwelcome things of a knowledgeable or gender-related nature. This could be characterize in terms of in separate touching, offensive remarks intimately individual, sexual suggestions, unsuitable comments about body parts, exposure to sexually offensive pictures, verbal abuse callable to the gender, etc. It is also considered to be a form of il heavy disparity and is a form of sexual and psychological abuse.In terms of the case, this is a clear case of sexual worrying because Rosetta is one of the two women in the part that all morning got called by her male co-workers as risotto, signifi squirtce Italian rice with gravy, and teased with Italian greetings. In addition, occasionally they asked her what she was doing with her Italian boyfriend and whether she had a good clock with him the night before. Moreover, one of the co-workers asked her whether she elect Italian over Canadian men and occasionally they loudly bragged to each other about their experience with their girlfriends so that Rosetta can hear it, in force(p) to embarrass her. Further more(prenominal), her male co-workers told a dirty jock and asked Rosetta if she unders overlyd or if she could tell one as well.Usually, sexual harassment is a exercise of demeanour that happens frequently over a period of time. In this case, at that place is a pattern of different incidents that occurred over the period of Rosettas employment, which forced a poisoned effect on the places where she worked. This type of sexual comments made her feel uncomfortable, in some situations even cry, which indicated that the work environment is poisoned.Although, Rosetta tried to make the harassment bank check, it is non her right alone, Al also has to make sure that sexual harassment does not occur in his piece of works because sexualized environmen t can require atmospheres that encourage more serious and direct sexual harassment, such as sexual joking n this case.If in the future more women would stick out positions in this department, this can create decrease in productivity, increase in team conflict and furthermore, lead to decrease in success at meeting financial goals because of team conflict. Moreover, it can create job dissatisfaction, passing play of employees from resignations, and increase absenteeism by employees. In addition, the knowledge that harassment is permitted can cost ethical standards and discipline in the cheek in general. Overtime, employees provide withdraw respect and trust in their supervisors who encourage and/or ignored the business, which can lead to a negative image of the company and create legal actions against the organization. The ignorance of the problem can create large costs to organization through damaged morale, lawsuits and absenteeism.People who harass will have no reasons to stop unless they ar challenged. Therefore, it is necessary to livelihood and encourage Rosetta to come forward. Eva can project suggestions how to solve the problem but only Rosetta must choose what will be the best choice for her. Moreover, Eva can encourage Rosetta to seek garter from a counsellor and provide her with helpful telephone numbers however, its up to Rosetta to make her own decisions. In terms of their conversations, Eva should know that conversations that were surrounded by Eva and Rosetta are confidential and Eva cannot just go and tell it to somebody. The only time Eva whitethorn have to tell someone about Rosettas problem without her permission is if Rosetta is in immediate physical danger, which is not the case in this situation. Yet, ignoring or minimizing the problem will not make it go away.To conclude, its up to Rosetta to make complains to appropriate authority or to pursue a legal actions against the company in this matter. Eva can only morally support and advise Rosetta but cannot do any legal actions for her. The only weigh that Eva can try to do is to inform a human resources department in the organization about the situation and ask for the proper investigation about it. The other option that Eva can consider is to have a consultation with the lawyer about this whole situation however, she should not say any names. All of these options have a good chance for success, as long as all of them conducted in accordance of law.Als first responsibility in this case is to properly deal with employment sexual harassment issues involve the appropriate distribution of the organizations policy on sexual harassment in the workplace. However, he did not take it serious when Rosetta complained to him, thus she was forced to terminate her employment.The other responsibility that Al should have carried is to show Rosetta that he, as a supervisor of the organization have responded to complain with the process of preventing sexual harassment i n the workplace and are dealing with it in a timely and effective behavior when it does occur. Al also felled to carry it appropriately, moreover, he blamed Rosetta to be too sensitive and that she takes herself too seriously. And based on his philosophy, such as to be able to laugh at ourselves now and the, it shows that he encourages this type of behaviour in the work place.Furthermore, Al has to take approach to sexual harassment where it involves the development of an internal system for the fair and balanced investigation of every complaint of this nature. Every complaint should be taken seriously. Employees must be aware that they are free to put forward complaints about sexual harassment in their workplace and that they will be free from vengeance and intimidation as a result. They should be encouraged to use and depone upon the companys internal complaint mechanism and resolution system.In this step, Al also felled to follow the appropriate road. His behaviour with employ ees encourages them to joke around, which may discourage other employees to complain due to fear of retaliation and intimidation, if Al tells employees about complain.It is absolutely critical that employer who has not yet adopted appropriate policies and attitudes towards sexual harassment in the workplace join the movement towards zip tolerance for these workplace problems.It is critical for the employer not only live up to their legalresponsibility when dealing with issues of sexual harassment, but perhaps more importantly is to show that they have done something. Accordingly, proactive steps are to create sexual harassment policies and well publicized complaint procedures set, which would create the correct tone for the elimination of sexual harassment in the workplace. As a bi-product, the same visible procedures will also help to burn the employers potential exposure to vicarious liability for the acts of employees.ReferenceOntario Womens Justice Network. 6 Jan. 2002. Metrop olitan Action Committee on fierceness Against Women and Children. 10 Feb. 2006The Ontario Human Rights Commission. 11 Feb. 2007. The Ontario Human Rights Commission. 11 Feb. 2007Ontario Womens Directorate. 1 May 2003. organisation of Ontario. 9 Feb. 2006The Canadian Human Rights Commission. 9 July 2004. Government of Canada. 9 Feb. 2006.
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