1 Apr 2022

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Court Protection for Various Offences by Employees

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Academic level: College

Paper type: Essay (Any Type)

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A court’s protection is an order, which a civil or a criminal court issues to a person so that they stay away or restrain from another person (Schabas, 2016). An employee can seek court’s protection against a fellow worker who raped or attempted to rape them. The order will be targeted at ensuring that the victim is safe at their workplace and even at home so that the respondent (perpetrator or offender) does not get any other chance to harm or harass the petitioner (victim). 

This kind of order will significantly affect the relationship between the two workers and even their performances at the workplace. For the employee who reports the theft of a car, a court may also issue an order to protect them against additional questioning by the employer and even inquiries that may lead to their discomfort and intimidation at the workplace. In other instances, an employee could be having knowledge on situations where resources belonging to the company have been misused by his/her co-workers. 

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These may include abuse of company time and even materials for example pens, clips, books, electricity, and equipment. Most companies have policies regarding each of the above cases and how they can be handled. In any case, a company should ensure that the working environment for employees is conducive and safe and that the terms and conditions regarding protection of employees are followed to the latter (Schabas, 2016).  

The respondents work behaviors including their working hours, locations, positions, and even duties can be changed to ensure that the respondents protect the petitioners against any unnecessary intimidation. All employees, including those who report even the theft of the smallest resources of the company should be protected and covered by the corporation’s employee protection policy. 

However, employers can sometimes wrongfully terminate the employment of a worker without full regard to the laws that govern employing and dismissing employees. An employer is not allowed to end the work of an otherwise at- will employee as this would violate public policy. For a system to be considered as a basis for a wrongful termination, it must be substantial and very well stipulated on a statute or constitutional provision (Schabas, 2016). Employees are to be protected in various situations touching on their day-to-day activities as workers of a company or an organization. For example, an employee should be protected if they witness an illegal occurrence, but they do not take part in the activity. 

In other instances, the worker may be pressurized to engage in such illegal activities, and therefore the law should offer them protection in such situations. Sometimes the employee could have been acting to protect his or her rights as a person or in their capacity at work, or they could be encouraging and ensuring that their co-workers respect the law and do not participate in unlawful behavior. The public policy gives employees a reason and room to fight for their rights and to protect themselves against any intimidation from their employer, without fearing for the consequences that would come from the company.

Claims of wrongful termination are usually based on several classes of `protected activities.' Some of them may include but are not limited to terminations, which are prohibited by statute, or deletions involving an employee who has exercised his/her right or privilege. According to the statutory or constitutional provisions, terminations for failure to take part in illegal practices or terminations because an employee has reported unlawful conduct or unlawful activities done by his/ her employer is wrong. It is also wrong to punish an employee for an illegal reason or for one that goes against the fundamental public policy. Additionally, the authority of an employer to end the services of a worker is restricted by the statutory provisions or by and regard to the public policy (Schabas, 2016).

Reference

Schabas, W. A. (Ed.). (2016).  The Cambridge Companion to International Criminal Law . Cambridge University Press. 

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StudyBounty. (2023, September 16). Court Protection for Various Offences by Employees.
https://studybounty.com/court-protection-for-various-offences-by-employees-essay

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