Labor Law: Titoki Security Trust v. Sharon Wallace

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Table of Contents

Employment relationship
Case Study
Conclusion
References

Employment relationship

When an employee is hired in an organization, the employer is not only inviting a new member into the organization but also initiating a new relationship (Pfeifer & Schneck, 2012). Employers and employees always work closely, forming a relationship created among them. Management of this relationship is one of the most important factors in the success of an organization. Formulations of strong relationships can result in the satisfaction of the employee and subsequent maximization of productivity. It is profitable for an organization to enjoy the benefits of a good employer-employee relationship. This study will look into different types of employment relationships and the associated legal consideration.

The employer-employee relationship should be built on respect. The level of closeness among these parties is entirely dependent on the employer and the employee. Employer-employee relationships are defined by the type of employment. Non-standard employment may lead to non-standard relationships between employees and employers. On the other hand, permanent employment results in permanent relationships that may be enhanced to increase the production of the organization (Pfeifer & Schneck, 2012).

It requires a good sense of business to develop a successful employer-employee relationship (Pfeifer & Schneck, 2012). Rights entitled to full-time employees are not applicable to part-time employees. In addition, casuals are also entitled to these rights. When an employee is hired in an organization on the basis of valid reasons, terms, and conditions of work should be stated in a written contract.

The employment contract should also include the terms of contract validation and the reasons for it (Pfeifer & Schneck, 2012). The right employer-employee relationship starts with a good recruitment process that clearly states the expectations of all the stakeholders involved. A clearly elaborated written agreement is important in establishing a mutually reliable relationship at a workplace (Pfeifer & Schneck, 2012).

Case Study

Issue

In the case law Sharon Ruth Wallace v. Titoki Security Trust, the employer-employee relationships in employment contract emerged as a legal issue (2015). In this case, Sharon Ruth Wallace, the applicant, claimed that Titoki Security Trust, the respondent, had unjustifiably disadvantaged her working environment. The applicant claimed her workplace did not meet the health and safety guidelines. The respondent further claimed that she was unjustifiably dismissed from her work on 20^th May 2014.

Legal position

The claims of unjustified disadvantages may be viewed from the legal measures of section 103(1) (b) of the Personal Grievance Act. This Act states that an employee must be able to prove, beyond any reasonable doubt, that the condition or conditions must have been disadvantaged by some actions believed to be unjustifiable by the employer.

Application of law

In this particular case, the particular violations of the contract were noted as lack of policies governing health and safety, lack of regulations and legal measures governing health and safety, lack of safety equipment, and, lastly, lack of evaluation of the work environment for Gina Hammond.

Ruling

With the progression of the court cases, it is recorded that Ms. Wallace played a significant role in jeopardizing her relationship with her employer. In addition, Ms. Hammond was not summoned by any of the parties in assessing the workplace. There was no evidence in the email communications that she had been summoned to have the place assessed. She, however, noted that there must have been a misunderstanding in communication in a mail she had previously received from her employer.

In addition, there were eight recorded accounts where Ms. Wallace was offered an opportunity to return to work ranging between the 17^thof March and 9^th of May 2014. The allegation of her being dismissed was misinterpreted due to her health issues. After Ms. Wallace had been dismissed, she provided a copy of her medical condition, after which she was reinstated and assigned to work on light duties. The case took into consideration the Employment Act 1992 as well as the related legislation.

Conclusion

The case was concluded by noting, the occurrence was appropriate for any employer in the same position. It was also concluded that Ms. Wallace was not unjustifiably dismissed from her work. The presiding judge was not in a position to determine whether the claims laid by Ms. Wallace with regards to personal injury could be classified under the Accident Compensation Act 2001. Hence, no court, tribunal, or person may offer payment in any proceeding, as stated in the subsection of the Personal Injury Act. Developing and maintaining a good rapport based on good faith relationships is the foundation of success in an organization.

This case will be a good lesson for many employers in handling others with due diligence, honesty, and respect. Basing a relationship on good faith would also mean minimizing chances of conflict and problems at the workplace. Good faith in an organization may not have a particular manual that may be followed, but every organization may have a different set of establishments. However, good faith is a necessity in an organizations Employment Relations Act.

References

Pfeifer, C., & Schneck, S. (2012). Relative wage positions and quit behavior: Evidence from linked employer-employee data. Industrial & Labor Relations Review, 65(1), 126-147.

Sharon Ruth Wallace v. Titoki Security Trust. (2015). Web.

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