Summary of cases:
Case 1:
·
New York police inspector Is charged with sexually
abusing female officer he supervised
·
Keith Walton, 44, was charged with sexual abuse,
forcible touching, official misconduct and harassment
·
Mr. Walton denies the charges made against him
·
He was relieved of his badge and gun, and placed
on modified duty pending court judgement
Challenges:
·
The rights of workers to be safe from violence and
sexual harassment at work
·
The departments duties to prevent, assess the risk
and take adequate action against violence at work – is modified duty enough?
·
The rights of the alleged victim
Case 2:
·
Several cases have unraveled where waiters write
offensive or racists comments into a company’s computer system, that then turns
up on the customers receipt
·
Most cases end up on social media, resulting in
public shaming of the companies
·
The level of training of staff is said to be one
reason for the waiter’s not having necessary communication skills and customer
service attitude
·
Waitresses
also sometimes receive rude comments on the receipts that customer’s leave behind
Challenges:
·
Workers being subject to offensive and discriminatory
language
·
Lack of training leading to worker’s not knowing
how to handle customer contact
·
Possible law-suits against companies
·
Public shaming and loss of potential customers
Case 3:
·
Navy marine, Dennis Walters, says he has been
subject to workplace bullying and harassment due to wife’s political
involvement
·
Wife has testified and been outspoken against
town in a clean-water case, which lead to the Navy saying husband needs to get “wife
under control”
·
The husband has not been involved in campaign
activity, but he has experienced a hostile work environment
·
He has been forced into unreasonably long
working hours and denied training opportunities
·
The family has requested for a transfer due to
the demeaning conduct at work
Challenges:
·
Navy guilty of workplace bullying
·
Military wife = no right to career /private
life?
·
Navy has taken no steps to stop the demeaning
conduct and harassment
·
They have not taken early action or protected
the right of the employee
Key Concepts, Theory and Model
All three cases represent situations of bullying,
discrimination, or violence at work, in different degrees.
The clearest case is the first one, where a superior
allegedly sexually assaulted an employee. This is a very serious case, and
should be treated with the highest priority. According to the National Sexual
Violence Resource Center, American employees experienced 36,500 rapes and
sexual assaults from 1993 to 1999 while working or on duty. Between 2005 and 2009, rape/sexual assault
accounted for 2.3% of all nonfatal violence in the workplace. One study of
employed women found that 38% had experienced sexual harassment in the
workplace (Sexual Violence Resource Center, 2013 p. 2).
The 1989 Council Directive (89/391) by the European
Commission, states that employers are responsible for keeping employees safe at
work, including from violence. (European Agency for Safety and Health at Work, 2002,
24) The United States have similar legislation protecting the employee from
violence at work. The New York Police Department failed in their duty to
protect the victim of the assault. In addition, the person accused, has not
been relieved of his duties or suspended from his position, but has been placed
on modified duty pending judgement. This means, that if he is guilty, the
police department is now putting all other employees at risk, for having to
work alongside with a perpetrator of sexual violence.
An employee has statutory rights, that are protected by law.
These are, for example, protection from discrimination, safe working
conditions, and the right to form unions. In the first case, the statutory rights of the
employee that was sexually abused were not met. In addition to statutory
rights, an employee has contractual rights, based on contract law, and other
rights, such as the right to ethical treatment, privacy and free speech. The
other rights can also be limited. (L.
Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.496)
In the second case, waitresses have been caught making rude
and offensive notes on customers’ receipts. This is a case, where the other
rights can, and should be limited. The company can demand the employee not to
write derogatory comments on receipts that are made with the company till. In
these cases, disciplining the employees could also be in order. A manager has
the right to discipline an employee, if he or she acts against company rules or
policies. Making rude comments on a customer certainly would fall under the
rule of non-wanted customer service behavior. The company has the right to
limit the freedom of speech of employers, and should discipline an employer
that makes discriminatory comments or notes. (L.
Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.499) In this case, a
verbal warning would most probably be sufficient. If the disrespectful behavior
were to continue, an employer can take further actions, and proceed with handing
a written warning, clearly stating the consequences if said behavior continues.
If the employee still does not conform, a suspension is in order and as a last
resort: discharge of the employee. (L.
Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.511)
When taking disciplinary procedures, it is important to set
clear goals for each step, and to outline consequences if the standard is not
met. Establishing a good two-way communication and a follow-up plan is also
important (L. Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.510).
It is not only the
waitresses that are making rude notes on receipts, but also the clients that
are being rude to their servers. Instinct Magazine recently published an article
about a young waiter being called a sexually disrespectful name on the receipt,
instead of getting a tip at the Buffalo Wings restaurant he works. As stated
above, an employer has the duty to protect its’ employees from discrimination and
to uphold safe working conditions. In a case like this, where the customer is
vocally abusive towards an employee, it is the employer’s duty to protect said
employer. But this is a difficult situation, and many employers cannot prevent
cases such as this from taking place. Buffalo Wings did make a statement on the
incident, stating: “We’re disappointed to learn about the comment left on a
receipt by a Guest at one of our independently owned franchise locations in
Louisville recently. Because Buffalo Wild Wings is about creating a great guest
experience, we feel strongly that our restaurant environment needs to be
respectful in order to provide the experience that our Guests and Team Members
expect and deserve. “. The client eventually apologized for the rude behavior. (Instinct
Magazine, 2017)
The third case tackled the issue of workplace bullying. The
US navy has failed to protect one of its employees and taken part in bullying
and discriminating behavior. According to the European Commission, bullying can
involve verbal and physical attacks, as well as more subtle acts like
devaluation of work. Dennis Walters is accusing the Navy of, among other
things, denying him of training opportunities and, threatening him, and reducing
him to administrative tasks. All of
these imply that the employer is bullying Mr. Walters. (European Agency for
Safety and Health at Work, 2002, 23)
The family’s freedom of speech was also inflicted upon due
to Mr. Walters employment in the Navy. Dennis Walters was instructed not to
allow his name to be used in the case, and he could not give interviews to the
media. Despite following these regulations, the family feels that Mr. Walters
has been mistreated and harassed at work. An employer has the right to limit
freedom of speech of an employee, but that limitation does not include the employer’s
family, therefore, Mr. Walters wife’s involvement in political campaigning for
her rights, should not affect his employment status. The right to privacy
should always be protected by the employer. (L.
Gomez-Mejia, D. Balkin, R. Cardy, 2012, p.499)
The LexisNexis Legal
Newsroom, recently posted a blog on the subject of freedom of speech,
employment and social media. The blog brought up a couple of cases, involving
employees using their right to free speech, posting work related personal
comments on their personal social media pages and being let go due to negative disruption
at the place of work. Courts ruled, that the employer has the right to let go a
person that by using her freedom of speech is contradicting the interests of
the employer. Therefore, the so-called rights of the employee to free speech,
is rapidly declining as social media becomes the most used medias of
expression. (Eric Meyer, 2015)
Literature:
Eric Meyer, 2015, LexisNexis
Legal Newsroom, “The
Limits of Employee Free Speech on Social Media” https://www.lexisnexis.com/legalnewsroom/labor-employment/b/labor-employment-top-blogs/archive/2015/09/09/the-limits-of-employee-free-speech-on-social-media.aspx
(29.1.17)
European Agency for Safety and Health at Work, 2002, 23, EU OSHA Factsheet 23, “Bullying at Work”,
file:///C:/Users/johan/Downloads/EU%20OSHA%20Factsheet%2023%20Bullying%20at%20work.pdf
(29.1.17)
European Agency for Safety and Health at Work, 2002, 24, EU OSHA Factsheet 24, “Violence at Work”
file:///C:/Users/johan/Downloads/EU%20OSHA%20Factsheet%2024%20Violence%20at%20work.pdf
(29.1.17)
Instinct Magazine, 2017, “Waiter Says Customer Called Him A
'Faggot' Instead Of Leaving A Tip”, http://instinctmagazine.com/post/waiter-says-customer-called-him-faggot-instead-leaving-tip
(29.2.17)
L.R Gomez-Mejia, D.B Balkin,
R.L Cardy, 2012, “Managing Human Resources”, 7th Edition,
chapter 14 and 15. Pearson Education Inc. New Jersey
Sexual Violence Resource Center, 2013, “Sexual Violence
& the Workplace” http://www.nsvrc.org/sites/default/files/publications_nsvrc_overview_sexual-violence-workplace.pdf
(29.1.17)