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Book part
Publication date: 28 February 2022

Jacqueline H. Stephenson

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case…

Abstract

Globally, jurisdictions have made several attempts to eliminate and minimize discrimination in employment. These include moral suasion, social justice arguments, business case arguments, and legislative enactments. Whilst the former has had limited success, the passage of legislation has proved instrumental, not only in containing the perpetration of discrimination based on protected grounds but also in increasing awareness of the disadvantages which result from the disparate treatment meted out to persons as a result of their immutable characteristics. Disabilities are one such grounds. Where legislation exists, it typically prohibits disparate treatment in relation to persons with disabilities in the areas of employment, education, and the provision of goods and services. This chapter analyses a sample of discrimination cases, with claimants who have alleged discrimination based on their diagnosis of autism or a related disorder within the autism spectrum. These cases are within the United Kingdom and have been decided by Employment Tribunals in England. The cases and decisions are held at the office of the Employment Tribunal Service in Suffolk and are accessible via their online repository. The sample of Tribunal cases presented here relate to various employment practices within British workplaces.

Book part
Publication date: 13 January 2021

Dennis Pepple and Nkem Adeleye

At the end of this chapter, learners should be able to:

  • Understand the meaning of grievance and disciplinary.
  • Understand the procedure for grievance and disciplinary.
  • Appreciate the…

Abstract

Learning Objectives

At the end of this chapter, learners should be able to:

  • Understand the meaning of grievance and disciplinary.

  • Understand the procedure for grievance and disciplinary.

  • Appreciate the critical role of the Advisory, Conciliation and Arbitration Service.

  • Understand the step by step guide for the analysis involved in basic award computation

Understand the meaning of grievance and disciplinary.

Understand the procedure for grievance and disciplinary.

Appreciate the critical role of the Advisory, Conciliation and Arbitration Service.

Understand the step by step guide for the analysis involved in basic award computation

Details

Financial and Managerial Aspects in Human Resource Management: A Practical Guide
Type: Book
ISBN: 978-1-83909-612-9

Keywords

Book part
Publication date: 13 April 2015

Balakrishnan Muniapan

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the…

Abstract

Purpose

There are ten universal principles of United Nations Global Compact in four areas namely human rights, labour, environmental and anti-corruption, and this chapter will explore the sixth principle of labour standard on elimination of discrimination in employment and occupation, in particular the doctrine of constructive dismissal in Malaysian labour relations. Constructive dismissal is creating a new challenge in labour relation in Malaysia.

Methodology/approach

This chapter specifically analyses some of the constructive dismissal awards and its implication to labour relations in Malaysia. The methodology employed in this chapter is the analysis of case laws using criterion-based sampling from the Industrial and Superior Court awards on constructive dismissal.

Findings

There has been an increasing number of awards on constructive dismissal made by the Malaysian Industrial Court over the last nine years. From the year 2009–2013, the Industrial Court has made 663 awards on constructive dismissal, mostly against employers. With compensation awarded to each employee amounted to as much as 24 months of back-pay salary plus a month’s pay for every year of service, employers can no longer neglect this pressing issue.

Research limitations/implications

The concept of constructive dismissal falls within the purview of section 20 of the Industrial Relations Act 1967 in Malaysia. Constructive dismissal is a ‘deemed dismissal’ if an employer is guilty of a breach of the employment contract which goes to the root of the contract. It arises when a workman terminates his/her contract of employment and considers himself/herself discharged from further obligations because of the employer’s conduct.

Practical implications

With a good understanding of the constructive dismissal awards, it is expected that organizations will manage and treat their human resources as their greatest assets and prevent constructive dismissal claims from taking place. This will eventually help to improve and maintain harmonious labour relations. This chapter is likely to provide insights into the Malaysian labour relations environment for international business operations.

Originality/value

In the context of Malaysian labour relations, studies on constructive dismissal are limited as it is considered as a new area and a specific area of study. This chapter therefore hopes to fill the existing gap in the literature, to highlight some of the recent awards and lessons to prevent constructive dismissal claims from taking place and generally to contribute to the constructive dismissal literature.

Details

Beyond the UN Global Compact: Institutions and Regulations
Type: Book
ISBN: 978-1-78560-558-1

Keywords

Book part
Publication date: 22 November 2012

Louise Thornthwaite and Peter McGraw

Purpose – To examine Gerald Mars’ contribution to scholarly understanding of workplace crime by revisiting his seminal work, Cheats at Work, and to explore developments in the…

Abstract

Purpose – To examine Gerald Mars’ contribution to scholarly understanding of workplace crime by revisiting his seminal work, Cheats at Work, and to explore developments in the forms, patterns, and implications of cheating at work since its publication.

Methodology/approach – This chapter critically reviews Cheats at Work and explores the changing nature of fiddling over time using the analytical framework and four associated occupational categories of workplace crime identified by Mars. The review is based on three main sources: recent scholarly literature on misbehavior, deviance, and employee misconduct; cases from industrial law reports, newspapers, and social media; and the views of informants conveyed directly to the authors.

Findings – The analytical framework that Mars contributed remains useful even if the boundaries of the occupational categories of workplace crime are now more blurred, with some jobs and fiddles spanning categories. Although, technology has changed the nature of fiddling, new forms have emerged as old ones have disappeared.

Social implications – Three decades after publication of Mars's study, it is evident that fiddling remains a normal, albeit covert, activity in many jobs and occupations. His typology continues to be valuable for explaining patterns, forms, and implications of cheating at work.

Originality/value of chapter – Given the growing interest in the forms and implications of misbehavior and workplace resistance, this chapter provides an opportunity for reflection on the enduring salience of Cheats at Work, thirty years after its publication.

Details

Rethinking Misbehavior and Resistance in Organizations
Type: Book
ISBN: 978-1-78052-662-1

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Abstract

Details

Supporting and Sustaining Well-Being in the Workplace: Insights from a Developing Economy
Type: Book
ISBN: 978-1-83982-692-4

Abstract

Details

Management for Scientists
Type: Book
ISBN: 978-1-78769-203-9

Abstract

Details

The Rise of Precarious Employment in Europe
Type: Book
ISBN: 978-1-78714-587-0

Content available
Book part
Publication date: 13 January 2021

Abstract

Details

Financial and Managerial Aspects in Human Resource Management: A Practical Guide
Type: Book
ISBN: 978-1-83909-612-9

Book part
Publication date: 8 July 2008

Frank M. Horwitz and Harish C. Jain

Two key developments exert an important influence on the nature of human resource management (HRM) in South Africa (SA). The first is two seemingly conflicting imperatives…

Abstract

Two key developments exert an important influence on the nature of human resource management (HRM) in South Africa (SA). The first is two seemingly conflicting imperatives, sometimes and arguably wrongly juxtaposed: that of developing a high-growth, globally competitive economy with fuller employment and the sociopolitical imperative of redressing past structural inequalities of access to skilled, professional, and managerial positions, as well as ownership opportunities. The first development is the related influences of globalization and multinational corporations (MNCs), information technology, and increased competition, which have become very prominent in postapartheid SA. South Africa has a dual labor market, with a well-developed formal sector employing some 8.5 million workers in standard or typical work and a growing informal labor market. In the case of the formal, knowledge-based economy, the World Wide Web, and increasing communication that the Internet has made possible, has influenced changes at the organizational level. A second development is that these changes and changing patterns of employment are having a dramatic impact on HR policies within organizations. In a knowledge-based economy, organizations rely on knowledge that is embedded deeply in the individual and in the collective subconscious. It is the property of an individual and cannot be taken away from that person (Harrison & Kessels, 2004). He or she would agree to put it in the service of the collective whole, which is known as organizational citizenship behavior (OCB). In technology-driven advanced firms in SA, there are several themes among the various models of citizenship behavior: helping behavior, sportsmanship, organizational loyalty, organizational compliance, initiative, civic virtue, and self-development (Podsakoff, MacKenzie, Paine, & Bachrach, 2000). Many of these themes overlap with the common competencies demanded by advanced MNCs. Thus OCBs rest upon a recognition of mutuality of interest and of responsibility between the organization and the individuals. Increasing globalization and worldwide competition and the knowledge-based economy have their greatest impact on business strategies, process, and practice involving, among others, management of human resources. In this chapter we examine factors influencing the management of human resources in SA and their impact on human resource practices in organizations.

Details

The Global Diffusion of Human Resource Practices: Institutional and Cultural Limits
Type: Book
ISBN: 978-0-7623-1401-0

Book part
Publication date: 11 December 2023

Nicolae Stef and Anthony Terriau

We investigate how firing notification procedures influence wage growth. Using a sample of 33 countries over the period 2006–2015, we show that administrative requirements in…

Abstract

We investigate how firing notification procedures influence wage growth. Using a sample of 33 countries over the period 2006–2015, we show that administrative requirements in cases of dismissal have a positive and significant effect on wage growth. The result is robust even after controlling for the endogeneity of the firing notification restrictions, the involvement of third parties in the wage bargaining process, the minimum wage, the firms' training policy, and the composition of employment. These findings suggest that firing notification procedures foster the growth of wages by increasing the bargaining power of incumbent workers.

Details

The Economics and Regulation of Digital Markets
Type: Book
ISBN: 978-1-83797-643-0

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