Thursday, April 4, 2013

In Relations

a) THE SRENGHTSOF THE EMPLOYERS encase ·         Ms. Keane was made aware of the concomitant that a institutionalise recording her poor punctuality and attendance had been started and she was later reminded of the particular that this file was being kept. She besides had complaints from parents approximately her teaching performance.

·         Ms Keanes lifestyle outside of work and the manner in which she became meaning(a) go against the ethos of this give instruction. In the ASTI manual it states that, The Board talent be moved to number in a way where a teachers performance and behaviour, over along period, has been consistently unsatis divisory, and/or undermines the ethos of the schooling. This is vital to the employers case as it gives them the power to movement later on events that go against the ethos of the school.

·         Management start out likewise further followed regulations as regards a follow up to this behaviour, All constructive wait on and advice should be give to the teacher, to help him/her improve before either such final move should be contemplated. The employers can seize to shake up fulfilled their role in this regard. The Regional supervisor came and spoke with Ms. Keane and presented to her the options of adoption or ending the kin as a means to keeping her job. These options were rejected and she was then given the choice of resignation or dismissal. The employers stated what the consequences of her actions would be and this was ignored, so strengthening the employers case.

·         Ms Keane could not claim discrimination against her because of her pregnancy, as the problem first arose as a impart of the grammatical case of relationship she was having and the pregnancy Merely confirmed the nature of the relationship. (Flynn v Power, 1985) Warnings had been administered previous to this confirmation of pregnancy.

·         Ms Keane must also have been aware that her controversial private life could result in complaints against her. As a teacher in a rural catholic school set downting pregnant by a married man was not the best model to roach, where public knowledge of her actions was likely to lead to people questioning her suitability for her role as a teacher in this school THE WEAKNESSES OF THE EMPLOYERS CASE ·         Management did not follow the procedures set out in the ASTI manual as regards terminating a stable contract. She was dismissed in mid term where as this should besides happen at the end of one and only(a) of the school terms. Ms Keane did not receive the required three months written notice. She should also have been given written notice from the principal of his/her use to give notice one month prior to the boundary of the contact. This did not occour. Also Ms Keane was only informed of the fact that she could appeal to the bring forth Superior of the Order after contacting the ASTI, where as she should have been made aware of this on dismissal (ASTI manual(a) 1996) These discrepancies on behalf of the employers weakens their case.

·         Ms. Keane was never issued with written warnings as regards her behaviour and her employers should have done this. They only issued verbal warnings.

·         The employers failed to follow procedures for a comme il faut dismissal, by not implementing each the Rules of Natural Justice prior to the dismissal. This breach looks unfavourably on the employer.

·         The union seem to be fully behind Ms Keane and are pursuing the matter, which may be a source of concern to her employers, especially as if the case were to go to the exhaust, where if it ruled in Ms Keanes favour, the consequent would be legally binding.

·         The school also ignored procedure, as Ms Keane was entitled to appear before the Board or be represented by the School Steward in order to have her views aired before a close was even contemplated. This didnt occour and again reflects badly on the employer.

b) OPTIONS AVAILABLE TO THE regional SUPERVISOR ·         The supervisor is worried about the possible furtherance that could result from this case and she is also worried about the nemesis of industrial action. There is a possibility of the case passing to the Rights Commissioner, which would mean no publicity as this uplifting is in private. This option may suit but if the outcome hear is unfavourable and rejected the case must go to the EAT where the case is public and the outcome legally binding.

·         She could agree to have the meeting that was requested by the ASTI, but previously rejected, and reason the case and try to reach an agreement that would reduce publicity. The M early(a) Superior could also be brought into the discussions ·         Ms Keane could be offered a redundancy package in order to maintain the schools stopping point and also prevent further action on her behalf. instead Ms Keane could be offered a lump sum, but this might only help her case as this could be seen as a bribe.

In concurrence with the Unfair Dismissals Acts 1977- 1993 three other options available to solve the problem are ·         Reinstatement-Ms Keane could be given back her job with full compensation for loss of pay.

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only when this option will only cause the same problems all over again.

·         Re-engagement-Ms Keane could be offered alternative work, but it could be for little pay and may not utilise her skills, as she would like, as she is a qualified teacher.

·         Financial Compensation-Ms Keane is entitled to a supreme of two years pay, but must show license of job seeking, and the payment is also reduced in accordance how much her conduct contributed to the dismissal. This may be a valid option to both parties.

The Regional supervisory program is worried about the threat of industrial action and this is quite a let concern with this action is a definite possibility as a result of the non compliance of the employers with regulations as regards dismissal and their unwillingness to meet with the ASTI when requested. Therefore it would be advisable for the Regional Supervisor to end the situation and solve the problem in one of the ways outlined.

c) EFFECT OF TREATY AND ACT ON THE CASE The Treaty of Amsterdam contains an article that allows the Council to take action in regard to discrimination, based on sex, racial or heathenish origin, religion or belief, disability, age or sexual druthers.

·         Section 4.20 contains a declaration which has a political sort of than legal force which states that the Union will respect the placement of churches and philosophical and non-confessional organisations under the national law of their respective component states. Here the national law of the country is the governing factor in decisions about various rules or aspects of these organisations. So as Ms Keane went against the ethos of the school and they see it as grounds for dismissal, the school will feel it is entitled to dismiss her.

The Employment equation Act 1998 was established in relation to matters of discrimination.

·         In this act it states that discrimination by educational institutions run by spectral bodies are exempt from the usual legal procedures in this domain of a function when the institution takes action to prevent an employee from undermining their ethos. Therefore under this act the schools actions are acceptable and covered by this exemption.

These two legislative pieces combine to enhance the case of the school against Ms Keane as National Law in the Amsterdam Treaty and the undermining of the schools ethos with the Employment Equality Act favour their case.

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