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Retail Management




                    Notes          Contracts: An employment contract will exist between the employer and the employee in all
                                   types of employment relationships. The contract must be well drafted and meet minimum legal
                                   and award  requirements, clearly  describe  the  specifics of  the  job  and  the  organization’s
                                   requirements of the employee.
                                   Statutory agreements:  Statutory  agreements  are  the  product  of  negotiations  between  an
                                   organisation and a group of employees or a union(s) that are subsequently registered by an
                                   industrial tribunal. Negotiating an agreement has the advantage of considering the inclusion of
                                   provision(s) that are specific to the needs of an organisation. Specific provisions may be included
                                   as a result of the negotiations but these cannot disadvantage employees, that  is, they  must
                                   provide the minimum requirements provided for under an award or relevant  statute. In the
                                   Federal jurisdiction these agreements are called Certified Agreements and at State level they are
                                   called Enterprise Agreements.
                                   Common law: This is case law that is developed in the court system. Previous judgments  guide
                                   how laws are interpreted. The general duties of the parties in an employment relationship are
                                   prescribed by common law.

                                   7.6 Ethical Issues Facing HR

                                   Organizational ethics are rules and standards that guide workplace behavior and moral principles.
                                   Many organizations establish a “code of ethics” that sets company expectations regarding ethical
                                   issues such as privacy, conflict of interest, discrimination and harassment and workplace diversity.
                                   Human resources personnel are charged with setting standards that promote ethical behavior in
                                   the workplace.

                                   Discrimination and Harassment
                                   Human resources professionals must  ensure the organization remains compliant with anti-
                                   discrimination and harassment laws. Employee discrimination and harassment on the basis of
                                   race, gender or religion is an ethical issue human resources personnel face  daily. Laws that
                                   prohibit discriminatory behavior such as the Civil Rights Act and Americans With Disabilities
                                   Act help HR representatives develop training and awareness programs to prevent discrimination
                                   and harassment in the workplace. These laws also establish procedures human resources may
                                   use to report and discipline workers who display inappropriate discriminatory behavior.
                                   Privacy
                                   Human resources are involved in most aspects of employee relations including hiring, firing,
                                   compensation, benefits and leaves. Human resources representatives have access to extremely
                                   sensitive information. Keeping this information private is an ethical matter facing HR. Human
                                   resources personnel have an obligation to maintain the confidentiality of an employee’s personal
                                   data.

                                   Diversity
                                   Workplace diversity encompasses  the various qualities, characteristics and experiences that
                                   distinguish one worker from another. These characteristics can be differences in race, gender,
                                   age, social status or other traits that make an individual unique. Treating a person differently
                                   because of these differences poses an ethical issue that faces human resources. HR personnel
                                   implement policies that promote diversity in the workplace and welcome the differences of the
                                   entire workforce.

                                   Safety
                                   Employee safety is an issue facing human resources personnel. The department must prevent
                                   and correct potentially dangerous situations. Human resources must promptly act on hazardous




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