1. DaVita Health Care partners were accused of using more medicine vitals or unnecessary spreading medicine dosages across multiple treatments. They were allegedly doing this knowing that Medicare would pay for this “unavoidable” waste. A nurse and a Dr. that worked together noticed that expensive medicine was just being thrown away. These two men were upset this was happening and when nothing was being done to change it they filed a whistleblower case.…
From the limited facts provided, does it appear that she will be able to do so? --Yes, she will be able to establish a prima facie case, because all elements required can be proven. The prima facie case of discriminator discharge can be shown, because (1 Rosebrough is disabled, 2) she was otherwise qualified for the position, with or without recommendations, 3) she endured an adverse action, and 4) the job remained open for employment. -Do you agree with the decision in this case?…
Marya v Network Transport Services [2015] FWC 6135 National Transport Services (defendant) is a fragment of the Civic Transport Group and delivers transport services to its clients involving road transport of the general freight in Melbourne and surrounding areas. Mr Divek Marya (plaintiff) had been working with the defendant since July 2012 to provide freight courier and delivery services to clients. However, his engagement was dismissed last April 2015 because of issues about his conduct and performance. He subsequently lodged an unfair dismissal application However, the company submitted he was engaged as an independent contractor, and not as an employee, and is therefore unable to make an unfair dismissal application. The matter proceeded…
In the case of suspensions of more than fourteen (14) days, or of discharge, any employee shall, unless otherwise provided herein, be entitled to an advance written notice of the charges against him/her and shall remain either on the job or on the clock at the option of the Employer for a period of thirty (30) days. Thereafter, the employee shall remain on the rolls (non pay status) until disposition of the case has been had either by settlement with the Union or through exhaustion of the grievance arbitration procedure. A preference eligible who chooses to appeal a suspension of more than fourteen (14) days or his/her discharge to the Merit Systems Protection Board (MSPB) rather than through the grievance-arbitration procedure shall remain on the rolls (non-pay status) until disposition of the case has been had either by settlement or through exhaustion of his/her MSPB appeal. When there is reasonable cause to believe an employee is guilty of a crime for which a sentence of imprisonment can be imposed, the Employer is not required to give the employee the Article 16.3 80 full thirty (30) days advance written notice in a discharge action, but shall give such lesser number of days advance written notice as under the circumstances is…
While arbitration has many procedural problems, delay is not one of them, since most arbitration cases are heard within 10 days after the request. 17. World War II increased the popularity of arbitration since many union and management officials realized that uninterrupted wartime production was essential. 18. The "repeat player" situation favors the individual employee.…
An industrial tribunal in Truro rejected the employer’s submission that P had been dismissed on grounds of redundancy. The Tribunal held that the reason for dismissal was because of P's proposal to undergo gender reassignment. The tribunal took the view that the UK Sex Discrimination Act did not apply to these circumstances. On referral to the ECJ the question whether…
Any Peace Officer (Police Officer) can stop and detain a person base on reasonable suspicion that a person has committed a crime. (What is Reasonable Suspicion for a DUI Stop?, 2016). In the police academy peace officer are train to investigating traffic violation to advise the driver of the motor vehicle why he or she are being stop for committed a traffic violation or conducting in suspicion activity. Peace Officer has right to stop a motorists to conduct a field interview to see if that motorists is safe to operate on the roadway. Judging by the peace officer reasonable suspicious, there was a banquet at a private club, which on special occasion the private club served alcohol beverage to the people’s that attends the banquet approximately…
Many times, therapist get struck off for political reasons, some of which are appropriate and some are not. Example of valid reason for dismissal could be like a therapist turning up to a therapy session drunk, or breach of confidentiality, or for harassing female clients. For instance, in year 2014, John Clapham was found guilty of serious professional misconduct, relating to his sexual conduct with his clients and…
The dismissal must be justified substantively and conducted in a manner of fair procedure in order to be considered lawful except from fair. As T. Amos el at state (2009) Fairness is critical to managing labor relations successfully but it should be remembered that, in addition to fairness a decision to dismiss an employee must also be lawful. The dismissal of an employee must be both…
Employers have what is termed ‘ a Duty of Care ‘ to employees. This means Employers must ensure all reasonable steps are taken to ensure that the employees health, safety and well being are protected. In real terms employers are bound by health and safety and employment law, together with common law duty of care. For an employer to ensure the physical and mental well-being of it’s employees, it should not be seen simply as a legal obligation but more as sound business sense; for this consideration from an employer builds trust and so increases productivity, staff retention and employee engagement. The main considerations for an employer under Duty of Care are: *…
Dismissal for cause can occur for any action that an employer considers being grave misconduct. This type of dismissal is not a favorable outcome and is caused due to the employee making severe error in actions or judgment in the workplace. This can occur without any advance notice. Examples that will cause this can include violation of the company code of conduct or ethics policy, violence or threatened violence, including threats or threatening behavior, Stealing company money or property, lying, falsifying records, and conviction for some crimes, or, watching pornography online. When a supervisor needs to make the decision to dismiss an employee, there are numerous factors that they need to consider prior to.…
In our readings this week, we discussed procedural justice, due process and whether they are related, in my opinion they are. Procedural justice is the perception that decisions are implemented in fairness and transparency. Due process is when the employer advises the employee with a written notice of the reason for the termination and is presented at least 30 days prior to termination. A copy of the notice will also be sent to the Department of Labor office where the employee’s office is located. When the true process of procedural justice is implemented, people feel they have been treated with respect and dignity allowing the individual to accept outcomes they may not like (Burgess & Cast 2013).…
Yesterday I received a letter of dismissal from DePaul school of nursing. I am aware that my grades have been low for the last two semesters in which I take full responsibility. I write this appeal letter to explain the cause and ask you to please consider reinstating me. I wish to state that my poor grades are not due to low ability or not being able to retain the material. Neither was it procrastination to study.…
Prior to this whole ordeal happening, I had a slightest sense of which direction my life was headed in. I say “slightest” because no one in the world really has any idea which direction their lives may be going towards, it is the mere idea that we may have some semblance of control over our lives that gives us comfort. After my accident happened, this notion of having any clue where my life was headed completely disappeared. What is left in its place is just doubt and uncertainty. This is what being suspended would have contributed towards.…
Employment contracts are fundamental agreements used in the workplace to determine the guidelines of an individual's employment. There are three fundamental cases which have affected the guidelines of employment contracts during their respective times, Lochner vs New York (1905), Coppage vs Kansas (1915), and West Coast Hotel Co vs Parrish (1937). The rulings in each of the three cases has allowed for new interpretations of the law, by the governing body. Three philosophers Machan, Cohen and Fried have agreeing and opposing views on each of these court rulings. Each philosopher has a different understanding of each case and whether they strike down an individual's personal liberty or whether they promote it.…