Legal Aspects Of Human Resources Management Coursework Example

Legal Aspects of Human Resource Management
Name
Institutional Affiliation

Abstract
The work environment is facing many issues that arise from people of various background working together and the difference in ideologies among these people. While some employees believe that arrangement like unions benefits them, others do not believe in joining trade unions. Hence, as a result, union laws have made it possible for employees to join the unions at their freedom without being forced or coerced. Employment laws protect employees from such coercion. The unions together with labor laws also protect employees from crimes committed against them in the workplace such as discrimination, harassment or unfair dismissal among other forms of workplace crimes. Hence employees have the rights to report any forms of employment crimes from employers or even fellow employees to the NLRB which uses standard employment and union labor laws to deal this cases as will be the case for All Saints Hospital where some charges have been filed.
Keywords: Trade Unions, Union Laws, Labor laws, Discrimination, Harassment, Unfair Dismissal

Legal Aspects of Human Resource Management
Labor unions have become widely accepted by various organizations. Hence most organizations are considering unionization. Unionization refers to the process whereby the employees of an organization become part of a union. The steps to unionization are not easy ones, and various processes need to be followed before an organization can unionize based on the type of union the employees are joining.

Legal issues are bound to arise before the unionization process as a result of many factors as was the case for All Souls Hospitals where two employees were laid off 24 hours before the unionization of the hospital. One legal issue that might arise as a result of the dismissal of the two employees before the unionization process was the issue of unfair dismissal of the employees which is covered in the 1977-2001 Unfair Dismissals Acts. The act protects o people who have been employed at least for a year and have not reached the normal retirement age but have been dismissed without being given substantial ground for their dismissal (Law Online |Discipline and Dismissal, 2018). Hence the two employees have a right to file an unfair dismissal charge. Additionally, the Equal Opportunity Act 2010 protects employees from discrimination reported by the female veteran. The act spells out discrimination refers to treating someone unfavorably because of a personal characteristic. In each of this case, the HR department at ASH needs first to investigate the situation and then follow the right legal actions as spelled out by the two acts.
All Souls Hospital most likely unionized under trade unions. Trade unions perform duties such as fighting for the wages of their employees as well as dealing with the case of unfair dismissal of employees. Hence the employees were able to file a charge with the regional labor relations office after the unionization of the hospital. The union shop may be a closed union shop which makes it mandatory for employees to join the union and pay membership fees.
The first step The NLRB protects employees from unfair labor practices. The first step that the NLRB should take in dealing with the cases filed by the employees against the hospital is investigating charges. The charges are investigated by the Board agents who gather evidence and present affidavits from parties and witnesses (“Discrimination and Harassment At The Workplace,” 2018). After the NLRB finds enough evidence to support the charges, the settlement process begins between the two parties with members of the NRLB board as the mediators. In case the settlement process fails to conclude, the employees then proceed to make a complaint which is presented to the NLRB Administrative Law Judge who in turn makes a decision.
There are various laws spelled out for different labor acts and union acts that should be followed when hiring new employees. When hiring new staff, the HR department at ASH must ensure they do not discriminate employees based on race, color, gender or religion among other factors. Additionally, the department should observe laws relating to minimum wage and follow the IRS guidelines for new hiring requirements and hiring of independent contractors. The steps that can be taken to prepare for this process is the review of the employment contract act as well as the IRS guideline about the hiring of new employees. The employment contract must also be prepared, and they must spell out the rights, freedom, and duties of the employee in accordance with the law.

References
Discrimination and Harassment at The Workplace. (2018). Humanrightscommission.vic.gov.au. Retrieved 20 March 2018 from https://www.humanrightscommission.vic.gov.au/the-workplace/workplace-discriminationLaw Online |Discipline and Dismissal. (2018). Retrieved 20 March 2018 from http://www.lawonline.ie/law-guides/business/discipline-and-dismissal/