Sexual Discrimination Case Study Example | Topics and Well Written Essays - 3000 words

Sexual Discrimination - Case Study ExampleSergeant Williams, a churchwarden at St Augustines was uneasy that an acknowledged homosexual should be working as a c aretaker at the parish civilise. He voiced his concerns to the schools head teacher who brought the matter to a face-off of the schools governing body. They endorse Sergeant Williams concerns and advise that Jeffreys contract should be terminated.This year, in the local police station, Desk Sergeant Williams took Jeffreys statement reporting the fact that his flat has been upset into and several valuable items have been stolen, which statement also revealed Jeffreys sexual orientation.Sergeant Williams, who was also a churchwarden of St. Augustine, reported his concerns of having an acknowledged homosexual working as the parish school caretaker to the school head teacher. Jeffreys employment contract was terminated by the head teacher after the schools board of governors endorsed Sergeant Williams concerns.Jeffrey filed th e present application for injunctive relief to oppose the school administration from implementing the liberation decision as well as appeal the same with prayer claiming for additional damages over and above the nock period for the period that the statutory dismissal or disciplinary action would have taken.The Employment venture 2002... injunctive relief to prevent the school administration from implementing the dismissal decision as well as appeal the same with prayer claiming for additional damages over and above the notice period for the period that the statutory dismissal or disciplinary procedure would have taken.II. LAW - Relevant Domestic and European Community Law, Convention and Practicei. Under the Employment function 2002The complainant employee alleges that the dismissal impinges upon his rights under s.35 of the Employment Act 2002 the right to procedural fairness through the internal dismissal procedure to determine whether there are extant grounds to dismiss the employeethe right to accompaniment or assistance by a trade union representative or work associate andThe right to appeal the grievance decision.The complainants rights under the Sex Discrimination Act 1975 and the Employment Equality (Sexual Orientation) Regulations 2003 are asserted to be also violated. The Employment Act 2002 (Dispute Resolution) Regulations 2004 requires that the employer afford the employee the procedural fairness through internal dismissal/disciplinary procedures. The Employment Act 2002 (Dispute Resolution) Regulations 2004 provides, inter aliaApplication of dismissal and disciplinary procedures3. -(1) Subject to split up (2) and regulation 4, the standard dismissal and disciplinary procedure applies when an employer contemplates dismissing or taking relevant disciplinary action against an employee.(2) Subject to regulation 4, the modified dismissal procedure applies in relation to a dismissal where-(a) the employer dismissed the employee by reason of his conduct without notice,(b) the dismissal occurred at the time the employer became aware of the conduct or like a shot thereafter,(c)