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A worker was injured at the workplace as a result of slipping on the floor which was slippery as a result of spilling of juice by a child belonging to a child. The employee has been injured and is likely to take a long period of time before recovery. This is a report for the advising of the management of the Caffe Nero on the issue of the sick employee.
Company Sick Pay Rights
The employment contract of any employee spells the sick pay of an employee (Burke, & Cooper, 2008, p. 55). The sick pay applies when the employee is sick and not able to attend to his or her duties. The minimum amount of sick pay a company can offer must be more or equal to the statutory sick pay (SSP). Most of the organizations pay their customers an amount which is equivalent or slightly more than the amount stipulated in the statutory sick pay. This however applies to the days when the employee is not able to attend his or her duties for a specified period of time. There is usually hope that the employee will recover from the disease and resume his or her duties. However, when the organization is convinced that the employee is not able to discharge his or her duties effectively secondary to the sickness, the organization can offer the employee early retirement.
Types of Sick Pay
There are two types of sick pay with which the employee can benefit from. They are as follows:
a) Company Sick Pay
This is the local arrangement of the organization in which the organization decides how much to pay employees incase of sickness and inability to discharge his or her duties. During the signing of the contract, all the employees signed a contract which had indicated how they will be paid in case of sickness. The specific employees have written sick pay terms which will dictate how much they will be paid in case of sickness and for how long. In our organization, we will use the Company sick pay since it is available in the payment of the employee. However, the amount to be paid should be equal or more than the stated amount in the statutory sick pay regulations. The details of the company sick pay are in the contract latter which has been signed by both the organization and the employee. Thus, the management will need to get the files and establish the terms of the sick pay for that particular employee.
The employee should have served in the organization for a minimum of three months which will mark the end of probation of the employee. If the employee has not served for more than three months, he or she will not be deemed to have been a permanent employee in the organization and will not be considered for sick pay. In addition, the employee will need tpo prove that he or she is sick. Proof of sickness usually entails the medical records. The company must see the letter from the doctor indicating that the employee is sick and that he or she is not fit to discharge his or her duties. The doctor can also indicate whether the process of discharging her or his duties will affect the health of the employee negatively. For sicknesses which are less than a week, all what the employee needs to do is to ring the organization and inform them that he or she is sick. Beyond that, the person needs a medical latter to support his argument that he or she is sick (Incomes Data Services 2008, p.5).
b) Statutory Sick Pay
This is the minimum pay a sick person should get from his or her organization (Burke, & Cooper, 2008, p. 56). Organizations which lack a company sick pay scheme are supposed to use this scheme in paying employees who are sick. However, in Caffe Nero, there is a company sick pay scheme and thus not really needed.
Duty of Employer in Regard to Employee Safety
The work place regulations of 1992 stipulate the employer has the following duties in regard to the workplace: he should ensure that the workplace is safe for the employees. In addition, he should make sure that the workplace is suitable for the workers (Burke, & Cooper, 2008, p. 55). The regulations cover the following. First, the workplace must be maintained, the systems, the devices and the equipment must always be maintained. There must be proper ventilation of the housing. The temperature of indoor work places should be the required one. There should be adequate lighting. All the areas of work should be clean and all waste materials deposited away from the work place. This regulation was breached since the employee fell on floor which was dirty. Although the management was not directly responsible for the spilling of the juice on the floor, it is supposed to ensure that the place is cleaned to avoid accidents. Thus, the employee should be paid full salary.
According to health and safety at work etc Act of 1974, the employer is supposed to ensure the following (Walker, 2010):
a) The operations should be safe and the working environment maintained
b) Employer should maintain a safe access to a working place
c) All dangerous substances should be handled safely
d) Staff should be trained adequately
e) Staff should have provisions for adequate welfare
The organization breached the regulation of safe working environment for employees and thus management should take appropriate actions to avoid such situations in the future.
If the employee is not satisfied with the payment which has been offered, he or she can pursue it. The dispute resolution regulations act of 2004 states that the employees have a right to seek the intervention of the justice system. Caffe Nero can form a tribunal to look into the complaints of the employee. It is the duty of the Caffe Nero to form this tribunal and thus address the issues raised by the employee. Thus, if as management you realize that the employee is not satisfied with the decision of the organization, a tribunal must be put in place immediately to address those issues raised by the employee.
Government Enforcement agency for Safety of Employees
If the management of Caffe Nero does not take an action, the local authorities and the Health and safety executive may take up the case. These two organs of state were created by the Safety and Health Act of 1974. However, these organs deal more with the risk assessment and not of compensations (Stranks, 2008, p. 66).
Statutory Compensation Law
This law draws the schedule for the compensation of employees if he or she has sustained some injury. The employers are supposed to buy insurance cover for the employees so that in case of an accident, the organization can be able to be paid by the insurance company and then pay the employee (Allan, 2008, p.11). According to the Caffe Nero's compensation plan, the extent of injury is a major factor in the amount of compensation. Since this employee has not sustained a life threatening injury, the compensation will not be very high. In addition, the employee cannot be forced to resign since he or she was injured in line of duty. It is the responsibility of Caffe Nero to ensure that the employee returns to normal health condition. This means that Caffe Nero will pay all the hospital bills of the employee and pay the employee a full salary during the time of recovery. If the employee has not recovered to a point where he or she can carry out his duties without problems, the organization will pay the employee the full salary until he attains the age which he was supposed to retire at. In addition, the organization will also pay compensation to the employee for the accident which occurred at work. The amount to be paid will be determined by a tribunal which decides the amount by using the extent and type of injury to the employee.
Caffe Nero is obliged to pay the employee who was hurt in line of duty. The organization should pay the employee a full salary and in addition to that pay the medical bills which resulted from such an accident. In addition, the organization will also pay compensation to the employee since he or she was injured in line of duty. It is the responsibility of Caffe Nero to ensure the working place is safe for the employees. The floors must not be slippery and should be clean. The employee fell down because the floor was dirty and thus the management had neglected its duty. Actually, the employee can sue Caffe Nero for not providing a clean working environment which will reduce the chances of an accident occurring in the work place.
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