Question: John has been employed as senior physical instructor by Four Elements Resort since 1 May 2008 under a fixed annually renewal contract. He received a
John has been employed as senior physical instructor by Four Elements Resort since 1 May 2008 under a fixed annually renewal contract. He received a monthly basic salary of $12,000 plus traveling allowance of $3,000 per month disregarding how much he spent on traveling. Besides, he entitled one no pay rest day every 7 working days, and unconditional year-end bonus equivalent to one month basic salary per annum. On 15 November 2018, John was injured due to his negligence when conducting a rock climbing lesson for the resorts guests. He was admitted to a public hospital immediately after the accident and was later referred to an out-patient clinic on the same day for follow-up medical treatment and was granted 6 weeks sick leave. Although he suffered no permanent disability, he needed to receive physiotherapy treatments and resumed duty after the sick leave. With the agreement of his supervisor, he cancelled his 14 days entitled annual leave that he planned for his Europe tour in January 2019. A guest relations managers post arose in January 2019 in the Health and Beauty Care Department. John believed that he would be suitable to the post and applied. To his surprise, the position was filled by a female colleague with five years of customer service experience. John raised objection with the human resource manager who told him that the promotion was purely performance-based and shared the performance appraisal results of the female colleague showing her excellent performance. Besides, the human resource manager further explained to John that the guest relations managers main responsibility was to serve female clients. In fact, the resort was undergoing a radical restructuring and the female colleague had a proven track record in developing good customer relationship. After all, there was no significant difference in Johns salary and that of the guest relations manager. John thought otherwise and considered that he had been treated less favorably because of his gender. He lodged a complaint of sex discrimination with the Equal Opportunity Commission on 1 February 2019, two months later Johns supervisor explained to John that due to the restructuring of the resort, there is no need of a senior physical instructor and therefore gave him a one months notice that his contract would not be renewed after 30 April 2019.
a) Is Johns accident covered by the Employee's Compensation Ordinance? Elaborate the kinds of compensation that John should be entitled?
b) According to the Anti-discrimination Ordinance, explain whether Johns complaint of sex discrimination with the Equal Opportunity Commission valids according to the above situation?
c) Explain whether the human resource manager took appropriate actions in explaining to John his objection of promotion result? (5 marks) d) According to the Employment Ordinance, calculate Johns final payment if his contract would not be renewed.
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