HRM$-$ Assignment $4-87$ Marks

Part $1-$ small business centre advisor $(43$ marks$)$

You are working as an employment law specialist for the small business association in your local area. Your job is to help, advise and promote small business owner$$s knowledge and awareness of the employment law. The following small business comes to office looking for help and advice. Marin Autos started out as a small auto repair shop, by Mario Marin about $15$ years ago. Under Mario's management the business has grown steadily each year as he developed a reputation for being a trustworthy mechanic and charging a fair price. Within $5$ years, he expanded his operations and hired some more mechanics. He also opened a work detailing centre, under the management of his son who assembled a team of workers for that department. He has also successfully acquired a dealership for Hyundai with an already assembled a sales team and front office staff. He has also leased the building next door and has moved the auto repair and detailing parts of his business next door. In total, including himself and his son Marin Autos will employ $24$ people. He knows that employing this many people, he needs to improve his understanding of employment law in particular the health and safety act. He has come to your office to ask the following questions.

$1.$ What are the worker's rights under the OHSA? $(3$ marks$)$

$2.$ When does the employer have to create a JHSC$?(2$ marks$)$

$3.$ Explain how the JHSC structured? $(3$ marks$)$

$4.$ What are the powers and duties of the JHSC$?(4$ marks$)$

In one of his work areas some employees have displayed some pictures of scantily clad women. One employee from front office, that doesn't frequent the area complained about the pictures. He has approached the employees in question and asked them to take down the pictures, but they have politely said that, that individual doesn't come to the area often, nobody working in the area has a problem with them. If they start to come to the area regularly they will consider it$,$ they don't cause any harm and why should they suffer to keep one person who is never here happy. Uncertain what to do next, he walked away and has come to you looking for your advice and how to deal with the situation.

$5.$ Explain to him the concept of vicarious liability $(1$ mark$)$

$6.$ Explain to him the concept of a poisoned work environment $(1$ mark$)$

$7.$ Advise him what he should do in order to tackle the issue and minimize his legal risk and promote harassment free workplace. $(4$ marks$)$

One of his employees, who has been with him for $2$ years now, has approached him asking for time off for a reservist operation. This employee is a good worker, who needs little supervision and can be trusted to do his work and help other. Marin doesn't want to lose him and is considering refusing his request.

$8.$ Explain to him his obligations under the law in regards to the employees request. $(3$ marks$)$

$9.$ What are the employee's rights when they are away on leave in this case? $(5$ marks$)$

$10.$ What the other types of leave that the employer must provide to employees according to law and how long are employees entitled to$?(5$ marks$)$

He had an employee last week that didn't show up to work and the received no phone call. It created chaos in the front office for a few hours as he struggled to cope with her absence and deal with customer$$s requests and demands. Although she has been an average worker in the past, without many issues, she does miss the occasional day when her son is sick, but she always called in$.$ Later, her husband called in to let them know she had been in a car accident on the way to work, she had been knocked unconscious, everything seemed ok and after a few days off, she should be back to work. The problem is that her absence did cause problems and seemed to annoy customers who complained of the poor service that morning. Mario was embarrassed. He is looking for your advice on how to proceed with this employee and how he should discipline her.

$11.$ What is procedural fairness and proportionality? $(2$ marks$)$

$12.$ before disciplining this employee, what key issues should Marin consider in regards to the employee and the situation $(3$ marks$)$

$13.$ What discipline or not, should he impose on his employee in this circumstance. Explain your recommendations. $(2$ marks$)$

One of the mechanics was found to be taking tires $(8$ tires in total at retail price of $$200$ each$).$ The employee in questions seems to have been selling them to family members and keeping the proceeds. The employee has had no previous discipline issues and preformed to the required standard during his first $10$ months with the company.

$14.$ before disciplining this employee, what key issues should Marin consider in regards to the employee and the situation $(3$ marks$)$

$15.$ What discipline or not, should he impose on his employee in this circumstance. Explain your recommendations. $(2$ marks$)$

Part $2-$ Injured worker $(44$