Jaqueline was had been working in Bestworks’ Sdn. Bhd. as an assistant manager since October 2020. In November 2020, Alan became the manager of the department she worked in. Alan was not used to working with female members of staff, and Jaqueline was the only female in the department. Alan began to make suggestive remarks about Jaqueline’s appearance and dress sense. He also asked her to work late at the office and made sexual advances towards her when no one else was in the office premises. Jaqueline complained to the Human Resource Department of the company and they replied saying that she had not made her complaint in the required format according to company employee regulations. No further action has been taken by the company to date. a) With reference to the above scenario, explain the complaints procedure for sexual harassment under the Employment Act 1955. b) Explain how Jaqueline can pursue a claim under the section 20 (1) of the Industrial Relations Act 1967. Your answer must refer to relevant statutory provision(s) and case law(s).
Jaqueline was had been working in Bestworks’ Sdn. Bhd. as an assistant manager since October 2020. In November 2020, Alan became the manager of the department she worked in. Alan was not used to working with female members of staff, and Jaqueline was the only female in the department. Alan began to make suggestive remarks about Jaqueline’s appearance and dress sense. He also asked her to work late at the office and made sexual advances towards her when no one else was in the office premises. Jaqueline complained to the Human Resource Department of the company and they replied saying that she had not made her complaint in the required format according to company employee regulations. No further action has been taken by the company to date.
a) With reference to the above scenario, explain the complaints procedure for sexual harassment under the Employment Act 1955.
b) Explain how Jaqueline can pursue a claim under the section 20 (1) of the Industrial Relations Act 1967. Your answer must refer to relevant statutory provision(s) and case law(s).
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