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"Committed to providing high quality consulting and co-ordinating services to the clients we serve, towards ensuring customer satisfaction."

Case Studies.

Case Study (October, 2014)

An employer short pays the wages of his weekly paid staff without prior notice, for a period of three weeks. The employer's action has supposedly been occasioned by a decline in the company's income. Seventy percent of the staff is non unionized. The periods of employment of members of staff with the company, range between 1-12 years. At the end of the second week, the vast majority of the staff agreed to institute protest action in the form of a work to rule. The employer charges that the action of the employees was impacting negatively on the business, and hence resorted to terminating the employment of two employees who refused to work overtime.
(1) Is there a case for the employer to answer for wrongful or unfair dismissal? Discuss

(October, 2014) Regional Management Services Inc.

Case Study # 3

Subject: Negotiating a Contract of Employment

Having been hired and serving for one year in the position of an Office Assistant, the individual is offered a job promotion. The employee is offered a promotion with an upgrade to the position of supervisor in the department that has five other employees. Unlike the five employees who report to the supervisor, the supervisor is required to work an addition hour each day. The assigned duties include, preparing monthly reports on the employees and keeping records of all transactions of the department. The supervisor is also required to travel on a regular basis to the Head Office to attend meetings. Apart from working a nine hour day, the supervisor is required to work six days a week, is entitled to a lunch hour of thirty (30) minutes, and a break of fifteen (15) minutes. Based on the terms and conditions presented, what are the principal issues to be negotiated under a revised contract of employment, if you are to accept the promotion? Identify any breaches of labour law or labour standards that you observed under the conditions of employment.

(March, 2014) Regional Management Services Inc.

Case Study #4

An employee has been employed by a company for the past six years, which operates on a three, eight hour works shifts; known as the morning, evening and night shifts.

This employee works on the morning shift, with working hours of 8:00 a.m. to 4:00 p.m. Given the nature of the job, the employee may be required in an emergency situation, to work beyond the close of the shift. This employee has had a track record of arriving at work either fifteen minutes or half hour each day, prior to the start of the shift.

As a practice the employee would immediate commence work, and in so doing, assist in the completion of any task that falls to the night shift.

The supervisor observes the practice of the employee and issues a caution, citing that where the night shift has not officially handed over to the morning shift, the employee was acting without authority.

Subsequent to this, the same supervisor was reassigned to the morning shift. One day during the shift, an emergency arose which didn't make it possible for the employee to have a lunch break at 12:00 noon to 1:00 p.m. as was customary. At 3:45 p.m. the employee decides to leave work for home.

The supervisor approaches the employee and requested that a specific task is completed before the end of the shift. The employee refuses on the grounds that not having a lunch break as entitled, it was within his right to take the a fifteen minute break.

The supervisor indicated to the employee that he considered him to be both insubordinate and rude, and therefore was reporting the latter to management.

Question and Answer

(1) With reference to the labour practices, labour laws and regulations within your country, discuss how you as management would address this matter if you were to receive such a report from the supervisor.

(2) As the trade union representative of the employee in this matter, set out the case you intend to make to the management in the employee's defense.

(1) Based on the substance of the case, what advice would you give employees who at some time may encounter such a situation?

Regional Management Services - P.O. Box 845 - Bridgetown, Barbados W.I. - Phone: (246) 230-9322 - Email: rmsinc@caribsurf.com