Question Answered step-by-step Kelly has a strong commitment to her job and a loyalty to do her… Kelly has a strong commitment to her job and a loyalty to do her best for her older clients. Thomas, the other night worker begins to give Kelly compliments on how she looks and presents herself, most especially he admires her breasts. He makes comments like, ‘If I wasn’t already married and I was your age I would be all over you by now!’ Kelly’s discomfort around Thomas grows when he starts to read sexually explicit content in magazines that he brings from home. He also shows her pornography on the Internet, saying that he has caught his sons accessing it. One night when all the clients were in bed asleep, Thomas asks her to have sex with him. Kelly calls the on-call manager, saying she is sick and needs to leave her shift immediately. She never returns to work.Thomas is suspended from work and a disciplinary investigation process is in progress.Thomas calls, Ben, who works in the HR department. Ben is a friend of his from years ago. They used to play football together and often go out for drinks on Thomas’s nights off. They arrange to meet at the pub that night.Thomas buys Ben a beer and fills him in on what has happened – he has been wrongfully suspended from work! According to Thomas, Kelly has thrown herself at him during night shift and when he threatened to report her, she got in first and said it was him who assaulted her!Ben had heard something about the suspension and was very glad to hear that his friend was not in the wrong.Thomas asks Ben if he could get the disciplinary file out of the HR Manager’s office and photocopy it for him so he knows what is happening in the investigation. This will help him as he will be able to see Kelly’s statement and what the investigator has said in the report. He needs the information before he goes in front of the investigation committee next week.If Ben can get the report, Thomas promises that he will never tell anyone.Ben feels sorry for his friend and the next day he works back late. He finds the HR Manager’s office key and ‘borrows’ the file. He makes a copy.On his way home he drops in at the pub and gives Thomas the photocopies. Ben can’t believe the lies that Kelly has told about Thomas in her statement – he feels really sorry for his friend as it looks like it will just be Kelly’s word against his, and everyone knows that the female is always believed over the male in a sexual assault case!Thomas buys Ben another drink. ‘Cheers,’ Thomas says as they clink bottles. Thomas grins widely.1. What legislation, Acts or codes does this situation breach? Provide an explanation to support your answer.2. Describe the implications (risks, consequences, penalties) that could arise to both Thomas, Ben, Kelly and the employer as a result of this situation. 3. Describe the responsibilities of Ben, the HR manager and the employer.4.Imagine you were the manager. Explain how you would respond to this situation if this occurred at your workplace. Include reference to legal compliance, policies and procedures, training requirements, monitoring and compliance review and assessment. Health Science Science Nursing AGED CARE CHC43015 Share QuestionEmailCopy link Comments (0)
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