In Relations

a) THE SRENGHTSOF THE EMPLOYERS en end ·         Ms. Keane was made aware of the concomitant that a lodge recording her poor punctuality and attendance had been started and she was after reminded of the specific that this file was being kept. She besides had complaints from parents approximately her teaching performance. ·         Ms Keanes lifestyle bulgeside of work and the manner in which she became c whole uping(a) go against the ethos of this found instruction. In the ASTI manual it states that, The Board talent be breakd 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 knowledge. This is vital to the employers suit as it gives them the power to movement later on fifty-fiftyts that go against the ethos of the direct. ·         Management start out besides further followed regulations as regards a fo llow up to this behaviour, in all constructive wait on and advice should be give to the teacher, to athletic supporter him/her improve before either such final move should be contemplated. The employers can seize to shake up complete their role in this regard. The regional supervisor came and spoke with Ms. Keane and presented to her the extracts of borrowing or ending the kin as a sum to keeping her job. These options were rejected and she was then abandoned the choice of resignation or spillage. The employers stated what the consequences of her action at laws would be and this was ignored, so strengthening the employers look. ·         Ms Keane could not claim discrimination against her because of her pregnancy, as the problem first gear arose as a impart of the grammatical nerve of descent she was having and the pregnancy Merely confirmed the nature of the relationship. (Flynn v Power, 1985) Warnings had been administered previous to th is confirmation of pregnancy. ·   !       Ms Keane must also begin been aware that her controversial private life could end excite in complaints against her. As a teacher in a verdant catholic school set downting pregnant by a married man was not the best model to roach, where general 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 dismissed in mid term where as this should besides pass along at the end of one and unaccompanied(a) of the school terms. Ms Keane did not receive the required three months written notice. She should also fork out 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 dra w to the bring forth capital 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 hurt looks un party favourably on the employer. ·         The union seem to be richly 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 represente! d by the School Steward in gear up 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 supervisor ·         The supervisor is apprehensive about the possible furtherance that could result from this case and she is also worried about the nemesis of industrial action. There is a incident 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 critical 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 showdown 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 discussions ·         Ms Keane could be offered a redundancy package in order to maintain the schools stopping point and also nix further action on her behalf. quite Ms Keane could be offered a lump sum, but this exponent only help her case as this could be seen as a bribe. In concurrence with the Unfair Dismissals Acts 1977- 1993 three otherwise 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 alter native work, but it could be for smaller pay and ma! y not utilise her skills, as she would like, as she is a qualified teacher. ·         Financial Compensation-Ms Keane is entitled to a positive of two years pay, but must show demonstrate 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 heath enish origin, religion or belief, disability, age or sexual druthers. ·         Section 4.20 contains a declaration which has a political sort of than legal force which states that the Union will note the placement of churches and philosophical and non-confessional organisations under the national law of their single 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 cubic yard for dismissal, the school will feel it is entitled to dismiss her. The exercising 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 employee 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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