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Resolving Workplace Challenges And Improving Employee Employer Relationships Case Study

¶ … Temperature Debate It is imperative to appreciate the fact that the Drake and Keeler's employer meets all workplace standards for coverage as stipulated under LMRA. The article states elements of constructive discharge, layoff, discipline, suspension, non-recall from layoff, demote, or adverse actions taken against employees. This is because of the protection awarded to the concerted activities. Damages in a notice lieu include Salary as well as other forms of remuneration that employees receive at reasonable opinions. The elements include commissions, profit shares, bonuses, benefits and loss to employee pension benefits due to loss of contributions to the pension scheme. Constructive dismissal is implemented when changes to the employment relationship between two parties are viable.

Question 2

The coverage of the law includes engagement off in interstate commerce activities coupled with specific employee rights. Requiring reasonable termination notice does not have the unique composure to existing employment contracts. The implication is that there are virtual contracts within the commercial world that lack fixed terms while providing for viable ways of termination. For instance, the company adheres to employment agreements were contracted parties deliver decisions and services without reneging on the assigned roles (Estreicher 120). The optimal working conditions have an entitlement of supplying viable notices. The implied requirements have substantive notes and lengths of such notice as determined by courts.

Question 3

Drake and Keeler's rights are protected under Section 7 of LMRA, as this constitutes to wrongful discharge. This is because the employees' roles are protected and concerted within the legal activities. The courts require a complement of the existing contracts for the implied terms while determining the reasonable and necessary circumstances (Wright 89). The absence of such expression of contrary intention allows courts to induce employment contracts where Drake and Keeler have received reasonable notice and payment in lieu.

Recommendations

7. [§ 157.] offers protection of the Drake and Keeler's rights to self-organization. This includes forming, joining, or assisting labor organizations undertake collective bargaining through representation. The difficult elements in applying legal principles to the implied terms advance the employer/employee relationships. Such terms within different levels of employment contracts lack a reduced approach to writing the agreed levels of comprehensive fashion. The expressed terms are inclusive of salaries with an idea for job description as well as the enumeration of fringe benefits that employees are entitled (Estreicher 49). The appreciation of such parties involves allowance of employees to work and while the employer upholds compensation. The contracts between the employer and Drake and Keeler should be complete in addressing various areas of a given relationship for employers and employees.
Drake and Keeler can choose their representation to engage in the concerted activities. Drake and Keeler were subjected to constructive dismissal, and legal advice would be a way of seeking redress. The presentation with changes in the continuity of work contracts is a matter of court decision while attempting to implement change. Condonation in the case of Drake and Keeler eliminates the possibility of placing the claim on constructive dismissal (Forsyth and Stewart 61).

The purpose of such inclusions encourages collective bargaining among other forms of protection or mutual aid. The elements are also allowed in the facilitation of refrained rights from alternative activities (Wright 24). Most changes within employment relationship result from constructive dismissal. The changes should be apparent and imposed with an employee's consent. Changes affect fundamental terms of employment contracts. For instance, changes in job responsibilities, lower wages, changes in working conditions, and geographical relocations are significant changes amounting to constructive dismissal. The success of constructive…

Sources used in this document:
Works Cited

Estreicher, Samuel. Global Labor and Employment Law for the Practicing Lawyer. New York: Kluwer Law International, 2010. Print

Forsyth, Anthony, and Stewart, Andrew. Fair Work: The New Workplace Laws and the Work Choices. New York: Legacy Federation Press, 2009. Print

Wright, John. Unfair Dismissal Law Fourth Edition. New York: Lulu.com, 2014. Print
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