INTRODUCTION

The aim of this report is to provide a well reasoned judgement on the case between the
headmaster and the two ladies. In order to achieve this aim, this report will begin by identifying
the legal issue involved in this matter. Thereafter, this essay will discuss the rules that apply to
the circumstances. Having done the foregoing, this essay will apply the facts of the case to the
laid down rules. Lastly, having having applied the rules to he facts, this report will draw to a
conclusion.

Legal issue

The legal issue arising from the facts is whether or not the headmaster conducted himself in an
unethical manner

THE RULES

Every work place is governed by rules and regulations that guide how employees and employers
should relate to one another. In addition to the aforementioned, there are laws put in place that
protect the rights of people in a work setup and daily life (smith: 2019).

In employment law, constructive dismissal is defined as when the employer makes the working
environment so hostile that the employee cannot, reasonably, be expected to work in such an
environment (Ng’ambi: 2016). Constructive dismissal in other terms is when the employer
makes it hard for an employer to continue working with them by creating hardships for the
employee (Ramsey: 2010).

In this case, the employer, which is the headmaster, keeps harassing the two ladies in question
thus making it hard for them to continue working in the given environment. The facts of the case
show that the ladies have low grades, therefore, they have become a target of the headmaster.
The facts also show that the headmaster has used unethical and unconventional methods of
supervising the two ladies. The facts show that the headmaster has had habit of insulting the two
ladies and embarrassing them in public. However, the facts do not show that this is how the
headmaster acts towards the other members of stuff.
From the foregoing, it can be seen that the headmaster has targeted the two ladies specifically
because of their results. This is because he treats them differently than other people. As a result,
he is creating a hostile environment for the two ladies and therefore the women cannot be
expected to work in such an environment.

Moving on, the law of tort provides for the tort of mental distress (m’vunga: 2013). Mental
distress applies in a situation where a party behaves inappropriately towards another that it
causes them mental distress. Examples of mental distress is insulting a person in public and
embarrassing them. In this case, the headmaster has been shaming the two ladies in public for
their mistakes. This behavior is inappropriate considering there is a professional manner a
headmaster can supervise his teachers. The foregoing statement also nullifies the headmaster’s
defense because there are ways he can handle the matter amicably.

CONCLUSION

Therefore, the headmaster has not only created a hostile environment, he has also caused mental
distress to his employees. Therefore, the headmaster has behaved unethically. Therefore, he
should be dismissed of his duties.
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