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Recruiting and Staffing Court Cases

Nov 22, 2021 | 0 comments

Nov 22, 2021 | Essays | 0 comments

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The functions of the human resource in the selection of the employees for various placements internationally are expected to meet quite a number of challenges from the mobility’s changing nature all over the world. As a result, it is expected of them to work within systems that are globally coordinated and at the same time expected to recognize and be very sensitive to the local needs of the people. Therefore, from this perspective it can be said that the very first challenge the human resource go through during staffing and recruitment is the inability to get a workforce diverse enough to offer exceptional individual and organizational performance (Mannix & Neale, 2005). Business situations that are continuously changing in the global markets expect the personnel of the human resource to have constant recruitments, deployments and replace the current workers. Secondly, the human resource officers also find it quite challenging in the attempts they have when trying to acquire the very best skills for the particular organization despite the geographical location. It is also stated that, they find it very tough in recruitment of individuals who are capable of effectively functioning despite the different laws of labor, the various stages of technological advancements and various values, attitudes for example time, political climate and individuals who are capable of taking risks in an international context.
The process of recruitment and selection is majorly concerned with choosing, identifying and the attraction of the most suitable person capable of meeting the requirements of the human resource of the organization (Bailey et al., 2018). The two can also be described as the process whereby the given organization contracts, interests and solicits interested appointees with potential then later decide whether it would be ideal to select anyone among them. The major areas of importance of selection and recruitment may include the following; these two are very important to the organization in the achievement of organizational goals. When an organization chooses the right group of individuals, these employees have the capability of producing the very best results and have higher chances of staying in this particular organization and therefore leading to a reduced turn out of employees. In cases where selection of employees is not done carefully, the probability of the employee making mistakes and interfering with the organization’s criteria is very high and may cause financial losses. If not done carefully and keenly, the human resource manager’s time will be wasted for he will be required to redo the process of selection and recruitment in order to get the right employee. From this, it can be said that recruitment and selection when done appropriately, the performance of the organization will be good as hiring the right employee at the right time is very crucial to every organization.
The two recent court cases I will talk about are the following; First and foremost, long-term disability and sickness absence. This was a court case between O’Brien against Bolton St. Catherine’s Academy. This appeal shows the rate at which trends relating to discrimination claims that come from disability have been growing at a very high rate. Ms O’Brien received a dismissal notification from her employer considering she had taken a very long term period of sickness absence. At her appeal hearing, she gave her employer medical evidence that indicated that she had been hospitalized and was now ready to get back to work. Despite her attempts and the evidence, the panel of the appeal was not convinced enough and went ahead and validated the dismissal (O’Dowd, 2016). As much as the case was in the view of the court, it was found not so reasonable for the accused school to ignore new availed evidence without undertaking a medical assessment. It is advised that in different practices, before coming to the dismissal conclusion, employers should put into consideration whether they can or cannot be expected to be patient any longer. If they can be patient, then how long can they be?
The second court case is the enhancement of shared parental pay. This was a court case between Ali versus Capita Customer Management Limited. Since the introduction of shared parental leave in 2015, the problem of whether or not organization employers want to increase shared parental pay after the enhancement of their maternity pay has been considered very controversial. This employment tribunal later brought about more uncertainty. Ali gave a claim regarding the refusal of his employer to increase his payment in a given period of parental leave that was shared to the employment tribunal. He further aired his complaints that, this led to sexual discrimination considering the policy of his employer when it came to increase in maternity pay. His claim was upheld by the employment tribunal stating that, the primary care giver’s role is a choice made by the parents and it is expected to be free of assumptions that are generalized. For example, the assumption that mothers are ever best placed to partake all the primary roles and therefore should be paid fully. Employers in this case are expected to be patient for a decision by an appeal court before there is provision of greater certainty.
*References*
Bailey, C., Mankin, D., Kelliher, C., & Garavan, T. (2018). *Strategic human resource management*. Oxford University Press.
Mannix, E., & Neale, M. A. (2005). What differences make a difference? The promise and reality of diverse teams in organizations. *Psychological science in the public interest*, *6*(2), 31-55.
O’Dowd, M. (2016). *A history of women in Ireland, 1500-1800*. Routledge.

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