Cyber law and Information

Archive for July, 2009

There are two major aspects to the term ‘capability problems‘ concerning employees – the first is employees with health issues and the second, more difficult area concerns employees who are underachieving.

Employees with health problems Whilst it may impact directly on the effectiveness of a company’s performance, employees with health problems and are absent from work have to be dealt with carefully. Short-term illnesses are covered financially through statutory sick pay and should not impact a business’s operations to a serious extent. However, long term illnesses present a different problem – the likelihood or otherwise of the employee returning to full-time work. Employers are entitled to dismiss an employee who is absent from work for a prolonged period as long as certain procedures are followed. This is known as a capability dismissal, and employers have to take extreme care when pursuing this avenue and ensure that every procedure is followed to the exact letter of the law to avoid accusations of discrimination on the grounds of physical ability.

A report from the employee’s doctor stating a medical opinion on the likelihood of the employee’s ability to return to work within an acceptable time period will be required. If the GP confirms that the employee is unlikely to return to work in the near future, the employment contract can be terminated.

However, a great deal of attention has to be given to the issue of disability. It is illegal to discriminate against employees on the grounds of disability and if an employee is disabled, reasonable adjustments have to be made to the working environment to accommodate that disability, including help with transport, flexible working and even specially adapted desks or chairs.

Under-performance capability problems The ability of an employee to carry out their job to acceptable standards is usually part of the initial contract of employment. To avoid any issues further down the line, it is essential that employers clarify exactly what they expect of their employees from day one, and discuss at regular intervals performance, aptitude and any changing situations that may affect the employee’s ability to carry out their job.

Most of the weird laws in US were enacted a century ago and still they have not been amended only to invite troubles in the society. This only shows that, the administration has failed to amend insignificant and immaterial laws which are not sending any good message to the people.

In Florida, women can be fined for falling asleep under a hairdryer and so can the salon owner. More childish and stupid laws prevail in Florida such as: it is illegal for a single, divorced or widowed woman to parachute on Sunday afternoons; it is illegal to sing in a public place while attired in a swim suit; it is considered as an offense to shower naked. God only knows, how will they come to know about this if it is done in one’s personal bath room?

In Georgia, it is illegal for a barber to advertise his prices and it is illegal to change the cloth on a store storefront mannequin unless the shades are drawn. In Columbus, it is illegal to sit on your porch in an indecent position and in Johnsboro, it is illegal to say “Oh, boy”!

In Hawaii Island, the residents are mandated to own boats or else they will be fined. Here, it is also illegal to put pennies in your ear. Are the Dollars excused?

There are weird laws in Idaho also; it is illegal to look unhappy. Here, it is illegal for anyone over 88 to ride motor cycle. In Tamarack, it is illegal to purchase onions after dark except with a special permit from the sheriff.

Illinois too is not free from such outdated laws. In Chicago, it is illegal to take a French Poodle to the opera. Here, a hat pin is considered as a concealed weapon and you may be arrested for vagrancy if you do not have at least a one dollar bill on your person. In Joliet, it is very illegal to mispronounce the city’s name. So, be very careful while you pronounce Joliet. In Zion, it is illegal to teach pets to smoke cigars.

Kentucky which is famous for its chicken legs have some weird laws too and they are:

it is illegal to remarry the same man four times and a woman cannot buy a hat without her husband’s permission. This is still valid in Owensburrow, Kentucky.