Paper on Navigating Employment Disputes: A Case Study on Contract Breach and Compensation Policies

This is a grievance by John Arnett, who was adversely affected by our written company policy on the contract provisions on payment. Whereby, labour Day was on a Monday, and the workweek consisted of 10-hour shifts, that is, from Tuesday to Friday. Arnett took an unapproved personal day on Wednesday which in that case broke the bargaining agreement that all employees should submit to, making the company take action not to pay him the holiday pay allowances (Kirk, E. 2018).

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Being the Director of Human Resources, human resource management encompasses managing people within the employer-employee relationship as provided by the requirements in the articles in our contract provisions. The terms of the bargain do not state the holiday payment as a requirement but as a benefit (Doorey, D. J. 2017). Even though every employee is entitled to a four-day personal leave annually as stated in Article 23: Leaves of Absence (Robinson, 2019), the person in question was not proven injured or sick to skip the workday as expressed in the article 7: holidays (Tomaszewski & DeDecker, 2020). The benefits are a matter of agreement between an employer and an employee’s union representative. The absence of Arnett from work unapproved by any supervisor would have caused inefficiency in our entity due to the overworking of other employees to cover his position for the day. Suppose an employee has breached a duty arising from an employment contract. In that case, an employer can use the legal remedies provided for in the Law of Obligations Act only if the employee is guilty of the breach. Evaluation of the level of diligence of the employee proceeds from the provisions of 16 of this Act (Issa, 2018).

The final decision Saga Food Services has reached is that John Arnett is not entitled to the holiday pay as he had requested, this is due to his failure to honor the terms of a bargain of the company. Secondly, his request for leave was not confirmed by the shift manager or his supervisor, yet he still took the rest (Shilton, E. 2017).

Finally, any employee who would like to take their chattered annual leave should first get confirmation from the shift manager or their supervisor before they take their break to avoid any misunderstanding between them and the organization. Failure to pay Mr Arnett is fair compensation to our entity for his breach of contract.

References

Doorey, D. J. (2017). The Law of Work. Regulation, 285(01 s 2), 5-8.

Issa, M. R. (2018). Breach of Contract of Employment Cases: An Examination of Common Law on Compensation. Al Manhal.

Kirk, E. (2018). The (re) organization of conflict at work: Mobilization, counter-mobilization, and the displacement of grievance expressions. Economic and Industrial Democracy, 39(4), 639-660.

Robinson, R. M. (2019). Robinson on North Carolina Corporation Law. LexisNexis.

Shilton, E. (2017). Public Rights and Private Remedies: Reflection on Enforcing Employment Standards through Grievance Arbitration. Canadian Lab. & Emp. LJ, 20, 201.

Tomaszewski, K., & DeDecker, S. (2020). Manoogian Hall 5th Floor Roof Repair WSU Project Number Project No. 155-337865.