Alex What happens if employment policies are not enforced?
Having well-written employment policies is a good thing, but it is only half the battle. If they are not enforced, they are like tools rusting away, unused in the garage. Worse, if they are enforced unevenly among employees, they can become tools of destruction. This was demonstrated rather starkly in Equal Employment Opportunity Commissioner v.
Can you break a contract with your employer?
A contract is a contract is a contract. Neither you nor your employer can breach a contract without facing the consequences. That is, unless the contract says it’s ok. This is why it is so important that employees keep copies of any contracts they have signed with their employers.
Can a new employer enforce a restraint of trade?
If the new employer and/or the employee fail to give this undertaking, the previous employer would need to approach the High Court or Labour Court on an urgent basis to enforce the restraint. The new employer, together with the employee, would normally both be cited as parties to the proceedings.
Can a court rule that an employee restraint is enforceable?
Should the court rule that the restraint is enforceable, the new employer would be precluded, by law, from employing the employee for the period of the restraint.
Is it illegal for an employer to make decisions about an employee’s job?
It is illegal for an employer to make decisions about job assignments and promotions based on an employee’s race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
What are some workplace laws your employer may be violating?
1 Using prohibited questions on job applications. 2 Insisting you can’t discuss your salary with your co-workers. 3 Failing to pay you overtime. 4 Promising jobs to unpaid interns. 5 Asking or allowing you to work off the clock. 6 Classifying you as an independent contractor, but treating you like an employee.
What happens if you threaten an employer in the workplace?
Threats of violence, harassing behavior and maliciously false statements could be grounds for discipline or dismissal from a job. Allowing a Hostile Workplace An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner.
Is it against the law to harass an employee?
Harassment It is illegal to harass an employee because of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Why is it important to enforce your workplace policies?
Businesses often share common workplace policies with staff members about time and attendance, behavior and use of technology, and common challenges in ensuring that employees follow them. These considerations may help employees understand what’s expected of them, and understand why their adherence to policies is essential.
Can you enforce a policy that hasn’t been officially established?
In addition, once a policy has been communicated (preferably in writing and acknowledged in writing by employees), it is then truly established by practice and application. Therefore, the manner in which your organization has enforced any policy must be reviewed when making changes.
How are company policies provided to their employees?
Policies are often provided to employees in a handbook that clearly outlines all workplace policies and procedures, or the policy itself may form part of the employment contract. A well-written company policy can help a business in many ways.
Having well-written employment policies is a good thing, but it is only half the battle. If they are not enforced, they are like tools rusting away, unused in the garage. Worse, if they are enforced unevenly among employees, they can become tools of destruction. This was demonstrated rather starkly in Equal Employment Opportunity Commissioner v.
In addition, once a policy has been communicated (preferably in writing and acknowledged in writing by employees), it is then truly established by practice and application. Therefore, the manner in which your organization has enforced any policy must be reviewed when making changes.
When do employers need to follow their own policies?
When an employer does not follow their own policy regarding the ways in which an employee in a protected category is treated, this can raise the inference of discrimination. Companies can minimize liability by having anti-harassment policies.
Can a company fail to enforce discliplinary policies uniformly?
This was demonstrated rather starkly in Equal Employment Opportunity Commissioner v. Kohler Co., in which the 8th Circuit Court of Appeals reversed a summary judgment in favor of the employer because the employer failed to enforce its discliplinary policies uniformly.