Gold Spot Advertising
Gold Spot Advertising
You work as head of the Human Resources dept. of Gold Spot Advertising – a general advertising company which will run campaigns in any form of media and considers themselves a ?good value? company. Executives of Gold Spot would also, if asked, regard themselves as ?good employers? too.
Olivia Johannsen (?call me ?OJ??) a Swedish national, first started working for Gold Spot during her 2nd year of University in 2010. At that time her employment was regarded as an unpaid internship. When OJ completed her marketing degree in July of 2012, she applied for a Personal Assistant (PA) job with Gold Spot because this would be a way into this extremely competitive area of employment.
Under the terms of her contract, OJ was to serve a 6 month probationary period. During this period of time she was guaranteed 20 hours of training per week, was permitted 2 days holiday per month of service and 2 weeks notice. On satisfactory completion of the probationary period her salary would increase by 50%, her notice period would be 6 months. She was given the job, and her employment started on the 1st of August 2012.
She was PA to James Gold, the M.D. and major shareholder of Gold Spot, and at first things went well. Gold was thoughtful and attentive and took her training seriously. He would make sure that she spent time in all the relevant departments of the firm, receiving training where relevant with some of the senior employees. She was enjoying her job and even got used to Gold?s daily shout of ?coffee for God?s sake I am dying here? first thing in the morning. On the 3rd of December this shout was accompanied by a firm slap on her bottom. He later apologised for this, explaining that he had had to let his last PA go after a long standing affair which finished in July. He explained that he had just forgotten himself for a second. She accepted this, but a further slap the following week led to a confrontation between OJ and Gold. He finally revealed that, for him, he rather expected the P.A. role to be more than just a working relationship.
Her flat refusal to accept his advances led to a sulky response from Gold. He dropped into sullen silence with her most of the time, interspersed with the occasional insult about the standard of her work and on several occasions he would make remarks and jokes about her nationality, (often adopting a faux Swedish accent whilst making a stupid comment) The training also stopped and on the 24th. of Jan 2013 OJ was given her notice of 2 weeks to quit. Her letter of dismissal gave the reason for the dismissal as ?gross incompetence? and ?dereliction of duty?.
Some weeks prior to the dismissal, OJ, in desperation had registered a grievance against Gold. She did not want to lose the job as she needed the experience, the money and the training. But she did want Gold to stop ?playing his games? as she put it in the grievance.
Gold has now paid a personal visit to you, has told you to ignore the grievance and, ?give the frigid cow the sack pronto and deduct from her final salary the costs of the training that she has received.?
Compose a briefing document for Gold setting out the possible legal situation which may result as a consequence of his actions.
Your briefing document should consider the possibility of wrongful dismissal, possible compensation and touch on the possibility of unfair dismissal.
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