bill bennett

journalism + new media

Archive for the ‘Law’ tag

Knowledge workers and the doll wars

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Rosabeth Moss Kanter makes an interesting point on her blog at The Harvard Business Review when she writes about a successful legal action brought by Mattel, owner of the Barbie brand against MGA Entertainment Inc which owns Bratz.

Former Mattel designer Carter Bryant was charged with intellectual property theft because the company said he had the idea for Bratz while working for Mattel. The company's contracts make it clear inventions made while working for the company become its property.

So, if your current employer does things badly and you know a way to do them better, you now need to halt your thinking processes while you serve out your notice or you could find yourself on the nasty end of a writ. It's a twist on the idea an knowledge worker is someone who is paid to think for a living.

Written by Bill Bennett

January 26th, 2010 at 3:59 pm

Bosses use drug tests to avoid redundancy payments

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The Guardian reports British bosses use drug tests to sack staff without paying redundancy.

Drug testing is common in workplaces where people use dangerous equipment or drive vehicles. However the Guardian story says employers in areas such as finance, banking and retail test workers so they can cut staff numbers without the need for pay-outs.

The Guardian says expanding drug testing into non-traditional areas could be a breach of human rights in the UK. This would also be true in New Zealand.

Sacking staff tested in this way would also be viewed as unjustifiable by the employment court. The court would look very dimly on an employer if they tested to avoid paying redundancy.

The practice is nasty because it is harder for a person to find a new job when dismissed for an offence. Also the instant nature of such a sacking means their money tap is immediately switched off. Adding this to the loss of a formal notice period and redundancy pay is cruel.

One problem identified in the Guardian story is that cannabis stays detectable for some time after smoking.

See:
Rise in use of drug tests to sack staff without redundancy pay -The Guardian
Using drug testing to avoid redundancy pay – The New Zealand Herald

Written by Bill Bennett

June 8th, 2009 at 6:38 pm