Homework Assignment

Legal Policy and Human Resource

Student’s Name

Institution Affiliation

Legal Policy and Human Resource

Written presentation

A written presentation in a legal case and a legal concept is more often beneficial regardless of the case may be or whether a court has directed one to file any. Judges barely complain about written presentation so long as the opposing party is given a copy. Written submission entails the identity of the case plus the party which a barrister is writing the presentation for. It should be brief and not repetitive, be rightfully structured according to the nature of a case, e.g., use of appropriate headings and sub-heading, provide tables of content in complex cases. Headings should not be generic but rather useful, be in a logical order for easy decision making. A written presentation should be written early and often. A problem may arise when drafting the presentation and the earlier they are identified, the easier it will be to fix them.

The written presentation should at least be submitted to a judge a day before the hearing. It is better for one to email the presentation to the chamber then file them at the registry. Written submission should contain an opening, legal issues, and closing submissions. After one is done with writing the presentation, he/she should proofread it to collect grammatical errors, spelling mistakes, and poor formatting.

Oral presentation

In oral presentations, the first golden rule is for barristers to know that their first duty is not to their clients but rather to the court. A lawyer must never mislead a court because the court looks upon them for assistance (Mlphurs, 2013). If a court asks a question, the lawyer should answer it; if he or she is unable to answer, he should seek for assistance or take the question on notice. During the hearing, a lawyer should announce his or/her name and the party he appears for transparently. He/she should be prepared with short written notes discussed with any other side beforehand. State matters that are contentious and those that are not, have documents needed ready and copies for the opposing party, bring copies to the court as well and be aware of the power that the court posses to grant the orders your seeking. In the notice of the motion, a lawyer should state the power for relief sought if it is not contained in motion, give copies of any written evidence to the opponents, give summary of the details in the presiding, state what evidence he/she is relying on, The oral presentation should also have an opening submission, evidence, and closing submission. The opening submission should be brief, the evidence should be relevant and finally the closing submission should be referred back to the evidences provided.

Legal terminologies in employment issues.

Adoptive leave. Is a leave given to an adoptive mother or a single father after they have adopted a child?

Annual leave. Is a leave given to workers either a holiday or rest yearly. The workers are also paid.

Collective agreements. They are agreements between unions and employers on the terms and conditions for employment.

Contract of employment. It exists if a person has been offered a job in exchange for a wage and he/she accepts it.

The range of legal liability for HR.

Compliance with employment regulations. The HRs should classify employees and know when an employee is entitled to overtime pay.

Compliance with laws governing wages and benefits. HRs should ensure that workers benefits are given according to federal regulations.

The relationship between employment law and HR policies.-

Both employment law and HR policies have a mandate of protecting employees, guiding the management on how to best handle employees and ensuring that companies comply with the government mandates and regulations.

Elora Jean and Co. case 

To: Owner of Elora Jean & Co.

From: Human resource consultant

Subject: Sexual Harassment Policy

After conducting my investigation on the case of sexual harassment filed by one of the employees at the EEOC, I realized that Elora Jean and Co. do not have procedures and policies to prevent sexual harassment at the workplace.

First, the company should have policies pertaining sexual harassment to have a correct procedure of the investigation. It is hard to take necessary actions when claims we first made as there are no guidelines that the company should follow in a sexual harassment situation. To have a better defense case, the company should have ensured that all employees are aware of the policies set about sexual harassment. Also, the company ought to have a proper method in the case of the sexual harassment claim, followed by a thorough investigation of the purported claim.

If the charges are found to be factual by EEOC, the company can be held responsible and can be punished. However, sexual harassment charges depend on the position of the employee that harassed the one making the complaint. The chances are that the supervisor who harassed the employee may not be liable even when it is proven that the complainant experienced harassment (Kourosh, 2017). The company will be answerable in that case, the offender, in this case, was a company's supervisor, and other supervisors knew of the harassment but never took actions to correct the situation.

A sexual harassment policy should be created in the company to prevent such cases. I will recommend that the company have zero tolerance for such cases. Complaints on sexual; harassment should be taken seriously, everyone should understand and know the policy and that affirmative actions will be taken against offenders. Prevention of the reoccurrence of such misconducts should be prioritized and make victims whole again.

A recent sexual harassment case involving Costco Wholesale Inc is a perfect example where EEOC charged the company. The company failed to intervene against customer harassment. A customer at Costco company was stalking and harassing a female employee. The employee reported the matter to the management, but they took no action to prevent the harassment. She later obtained a restraining order against that customer.

At the trial, Richard Mrizek and Laura Feldman the EEOC attorneys argued that the company was aware of the misconduct of the customer but did nothing to prevent it. This created an insecure working environment for the employee thus violating her Civil Rights Act of 1964 (Buckley, 2016). This jury rejected Costco arguments and was forced to compensate $250000 to the employee for damages.

The Civil Rights Acts of 1991, prohibits discrimination in the employment sector regarding; race, color, religion, ethnic or gender-based. The Act will be vital in protecting future workers from being discriminated in regards to their color, gender, race e.tc. while they are searching for employment in the company.

I believe that the above information will help you implement a policy on sexual harassment and also help you know what to do if any of your employees is a victim of sexual harassment. The Costco example will help you know the consequences that your company will experience as well as prepare for the company's defense.

References

BUCKLEY, J. O. H. N. F. I. V. (2016). EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE GUIDE: 2017 edition. S.l.: WOLTERS KLUWER LAW & BUS.

Kourosh, A. (2017). Employer Liability for Sexual Harassment. Retrieved on January 24, 2017.

Mlphurs, R. (2013). Rhetoric & Discourse in Supreme Court Oral Argument. Routledge.