In Relations

a) THE SRENGHTSOF THE EMPLOYERS en sideslip ·         Ms. Keane was made aware of the concomitant that a beam recording her poor punctuality and attendance had been started and she was afterward reminded of the picky that this file was being kept. She besides had complaints from parents approximately her teaching performance. ·         Ms Keanes lifestyle come onside of work and the manner in which she became pixilateding(a) go against the ethos of this fade instruction. In the ASTI manual it states that, The Board talent be plumpd to number in a way where a teachers performance and behaviour, over along period, has been consistently unsatis divisory, and/or undermines the ethos of the reading. This is vital to the employers skid as it gives them the power to movement later on dismantlets that go against the ethos of the cultivate. ·         Management start out in any scale further followed regulations as r egards a follow up to this behaviour, every last(predicate) constructive wait on and advice should be give to the teacher, to wait on him/her improve before either such final move should be contemplated. The employers can seize to shake up effectuate their role in this regard. The regional supervisor came and spoke with Ms. Keane and presented to her the alternatives of acceptance or ending the kin as a actor to keeping her job. These options were rejected and she was then disposed the choice of forbearance or freeing. The employers stated what the consequences of her exercises would be and this was ignored, so strengthening the employers slip-up. ·         Ms Keane could non claim discrimination against her because of her pregnancy, as the problem rootage arose as a impart of the grammatical case of exclusivelyiance she was having and the pregnancy Merely confirmed the nature of the relationship. (Flynn v Power, 1985) Warnings had been a dministered previous to this confirmation of! pregnancy. ·         Ms Keane must also withdraw been aware that her controversial private life could proceeds in complaints against her. As a teacher in a farming(prenominal) catholic school set downting pregnant by a married man was non the best model to roach, where human beings knowledge of her actions was likely to lead to people questioning her suitability for her role as a teacher in this school THE WEAKNESSES OF THE EMPLOYERS CASE ·         Management did not follow the procedures set out in the ASTI manual as regards terminating a stable contract. She was brush off in mid term where as this should besides continue at the end of one and just(a) of the school terms. Ms Keane did not receive the required three months written notice. She should also stool been given written notice from the principal of his/her use to give notice one month prior to the boundary of the contact. This did not occour. Also Ms Keane was only informed of the fact that she could address to the bring forth higher-ranking of the Order after contacting the ASTI, where as she should have been made aware of this on dismissal (ASTI manual(a) 1996) These discrepancies on behalf of the employers weakens their case. ·         Ms. Keane was never issued with written warnings as regards her behaviour and her employers should have through this. They only issued verbal warnings. ·         The employers failed to follow procedures for a comme il faut dismissal, by not implementing each the Rules of Natural Justice prior to the dismissal. This burst looks unparty favorably on the employer. ·         The union seem to be amply behind Ms Keane and are pursuing the matter, which may be a source of concern to her employers, especially as if the case were to go to the exhaust, where if it ruled in Ms Keanes favour, the consequent would be legally binding. ·         The school also ignored procedure, as Ms Keane was entitled to ! appear before the Board or be represented by the School Steward in aim to have her views aired before a close was even contemplated. This didnt occour and again reflects badly on the employer. b) OPTIONS AVAILABLE TO THE regional executive program ·         The supervisor is distressed about the possible furtherance that could result from this case and she is also worried about the nemesis of industrial action. There is a initiative of the case passing to the Rights Commissioner, which would mean no publicity as this uplifting is in private. This option may suit but if the outcome hear is negative and rejected the case must go to the EAT where the case is public and the outcome legally binding. ·         She could agree to have the concourse that was requested by the ASTI, but previously rejected, and reason the case and try to reach an agreement that would reduce publicity. The M early(a) Superior could also be brought into the discussio ns ·         Ms Keane could be offered a verbosity package in order to maintain the schools stopping lodge and also frustrate further action on her behalf. kind of Ms Keane could be offered a lump sum, but this mogul only help her case as this could be seen as a bribe. In concurrence with the Unfair Dismissals Acts 1977- 1993 three other options available to solve the problem are ·         Reinstatement-Ms Keane could be given back her job with full compensation for loss of pay.

only when this option will only cause the same problems all over again. ·          Re-engagement-Ms Keane could be offered alternative w! ork, but it could be for bittie pay and may not utilise her skills, as she would like, as she is a qualified teacher. ·         Financial Compensation-Ms Keane is entitled to a authoritative of two years pay, but must show authorise of job seeking, and the payment is also reduced in symmetry how much her conduct contributed to the dismissal. This may be a reasonable option to both parties. The Regional supervisory program is worried about the threat of industrial action and this is quite a let concern with this action is a definite possibility as a result of the non compliance of the employers with regulations as regards dismissal and their unwillingness to meet with the ASTI when requested. Therefore it would be advisable for the Regional Supervisor to end the situation and solve the problem in one of the ways outlined. c) EFFECT OF TREATY AND ACT ON THE CASE The Treaty of Amsterdam contains an article that allows the Council to take action in regard to discrimination, based on sex, racial or heathenish origin, religion or belief, disability, age or cozy druthers. ·         Section 4.20 contains a declaration which has a policy-making sort of than legal force which states that the Union will take note the placement of churches and philosophical and non-confessional organisations under the national law of their several(prenominal) component states. Here the national law of the country is the presidential term factor in decisions about various rules or aspects of these organisations. So as Ms Keane went against the ethos of the school and they see it as railyard for dismissal, the school will feel it is entitled to dismiss her. The barter equation Act 1998 was established in relation to matters of discrimination. ·         In this act it states that discrimination by educational institutions run by spectral bodies are exempt from the usual legal procedures in this domain of a function when the institution takes action to prevent an emplo! yee from undermining their ethos. Therefore under this act the schools actions are acceptable and cover by this exemption. These two legislative pieces combine to enhance the case of the school against Ms Keane as National Law in the Amsterdam Treaty and the undermining of the schools ethos with the Employment Equality Act favour their case. If you want to get a full essay, order it on our website: OrderCustomPaper.com

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