l ectur e seven e m p l oy m ent ri g hts · 2019. 12. 26. · © 2 0 1 2 p ea rso n e d u ca t i o...

Lecture Seven

Employment Rights

12/26/2019

© 2012 Pearson Education, Inc. All rights reserved.

Unjust Dismissal

1.

2.

Dismissal is considered to be unjustunder two conditions, when

An employee is dismissed without a goodcauseThe dismissal occurs without a fairhearing

These two elements together constitutedue process.


Employment at Will

Employment at WillAn employer may terminate an employee atany time and for any reason

unless an employment contract specifiesotherwise

The relationship continues to exist onlyas long as both parties want it too.


Freedom of ContractAgreement

A legal document signed by bothparties, in which

A business firm states the terms underwhich it is willing to hire a personThe person signifies by their acceptance awillingness to work under those terms


The Efficiency Argument

The Efficiency Argument states thesuccess of any business enterprise

Depends on the efficient use of allresources, including labor

The efficient operation of businessbenefits both employers and employees.


Arguments for Due Process

A terminated employee should not beinflicted without

An adequate reason and a fair hearing.The right is owed out of respect for thedignity of workersTreating employees fairly is goodmanagement practice


Defining Freedom ofExpression

1.

2.

3.

4.

A definition of freedom of expressionincludes four elements:

The nature of the expressionThe subject or topic of the expressionThe location or venue of the expressionThe audience of the expression


Participation and Democracy

Worker participationA process that allows employees toexercise some influence

Over their workThe conditions under which they work


Participation and Democracy

Workplace democracy exists whenemployees have some real control over

Organizational goal-settingStrategic planning

This ensures that their own goals andobjectives can be met

And not only the organizations

Marketing, Advertising,and Product Safety

12/26/2019


Introduction

The 4 Ps of marketing are:ProductPricePromotionPlacement


Marketing

Consumer sovereigntyThe notion that consumers are “kings” inthe economy

Because they ultimately decide whether to buya company’s products


A Framework for MarketingEthics

Most of the ethical problems inmarketing involve three ethicalconcepts:

FairnessOr justice

FreedomWell-being



Two traditional doctrines in marketingare:

Caveat Emptor- buyer bewareBuyer has full responsibility to judge thequality of the goods

Caveat Venditor - seller bewarePlaces a responsibility on the seller tofully reveal the quality of the goods sold



The Consumer Product SafetyCommission has the power to

Issue standardsRequire warningsBan dangerous products entirely


Labeling

The Fair Packaging and Labeling Act(1966) Requires that containersdiscloseThe Ingredients of the productThe amountOther pertinent information

Including nutritional content in the case offood


Sales Practices and Labeling

Most anticompetitive marketingpractices are illegal.Major anticompetitive marketingpractices which are prohibited are:

Price fixing, resale price maintenance, pricediscrimination, and predatory pricing


Distribution

DistributionThe means by which products are deliveredfrom the manufacturer to the consumer

Illegal abuses of power in distributionare:

Reciprocal dealing, exclusive dealing, andtying arrangements


Distribution

Ethical issues in distributionAbuse of power in channeling relationsSlotting allowances to gain access to shelfspace in storesGray markets that arise from diverting andparallel importing


Advertising

Advertising is communication about anorganization and its products

It is transmitted to a target audiencethrough a mass medium

Ethical concerns about advertising,include

Deceptive advertising, irrational persuasion,and the impact of advertising


The Due Care Theory

Manufacturers have an obligation toexercise due care.

Taking all reasonable precautions toEnsure that products they put on the market arefree of defects

Manufacturers are liable when they failto carry out this obligation.


The Concept of Negligence

1.

2.

3.

Negligence involves the interplay ofthree factors:

The probability of harmThe severity of the harmThe burden of protecting against theharm


The Contractual Theory

The Contractual TheoryStates the responsibility of manufacturersfor harm resulting from defective productsis

Specified in a sales contract


The Strict Liability Theory

The Strict Liability TheoryHolds manufacturers responsible for harmresulting from a

Dangerously defective productEven when due care has been exercisedand all contracts observed

[email protected]

Michael J. Kavanagh, Mohan Thite, and Richard D. Johnson - Human Resource InformationSystems: Basics, Applications, and Future Directions, 2e © 2012 SAGE Publications, Inc. 25

l ectur e seven e m p l oy m ent ri g hts · 2019. 12. 26. · © 2 0 1 2 p ea rso n e d u ca t i o...

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