...Employment Law Assignment LEWIS JAFFA 3000 words Employment law is a necessity to promote greater flexibility in the labour market alongside a commitment to social justice and cohesion. Employment law is also required for support social security policies such as the minimum wage and encouraging single parents into work. There is also a social commitment by employment law to ensure good, minimum standards of protection for employees. Employment law is essential to protect employees from unjust or unfair behaviour by employers, especially those who could be under-represented if there were no laws, such as the poorest and the disabled. Two examples of this are the Disability Discrimination Act of 1995, which applies to all organisations who employ more than 20 staff. They’re required to accommodate the needs of the disables and establish a right of access for the disabled, and to stop them being treated less favourably than they would if they were not disabled. A second example is the National Minimum Wage Act of 1998. This resulted from a directive from the EU, and has increased each year in line with the rise in the cost of living. There is a need to strike a balance between protecting the employee and the employer. Employers and employees have a responsibility to each other, which is why the Health and Safety at Work Act (1974) exists. Employees are expected to follow the act, while employers are expected to abide by a range of requirements governing such aspects as...
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...may have an action against ABBBW for her broken arm. The occupier-occupant relationship is an established duty case. The facts also clearly establish breach by stating that ABBBW had ‘carelessly forgotten to put up a sign’. Finally, causation is clear from the statement that Karen tripped ‘due to this instability’. The only issue which must be addressed is whether the legislative presumption of contributory negligence is applicable to Karen. Contributory negligence Section 95(1) of the Civil Law (Wrongs) Act (CLWA) states that contributory negligence will be presumed if the injured person was intoxicated at the time of the accident. It is noted that Karen enters the waterhole after consuming a litre of wine. Although other factors which influence the effects of alcohol are not mentioned, such as Karen’s body mass, the large quantity of wine consumed means that ABBBW would probably not have a problem establishing intoxication. However, Karen could rebut this presumption by referring to s 95(2)(a), which notes that contributory negligence will not be assumed if the plaintiff can prove on the balance of probabilities that his or her intoxication did not contribute to the accident. The facts simply state that Karen lost her balance ‘due to the instability’ of the waterhole and no indication is given that her intoxication made the accident more likely. Without evidence to the contrary, Karen would likely recover in full for her broken arm. Karen v ABBBW (2) ABBBW may...
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... or classification of employees, transfer, promotion, layoff, or recall. The scenario presented gives a clear example of sex discrimination. However, the discrimination is not by an employer, but rather a client of a company. Whether or not Advent Advertising decides to follow through with the discrimination by the client, Balboa Jones of White Mountain Brewers, is the key in deciding if any law would be broken in regards to Mr. Jones’s request to have Ms. Flanders taken off of the account. This is a very disturbing and perplexing request as the White Mountain Brewers account represents twenty five percent of Advent Advertising’s total annual revenue. To give a clear and concise recommendation, more scenarios and “what ifs” must be presented to gain a broad scope of the legal scenario at hand. Specifically, examination of questions regarding, does Advent Advertising have an employee handbook, and if they do, what is the content? Additionally, it is assumed that Advent Advertising has a contract with White Mountain Brewers, and what is the substance of said contract? Would a professional and ethical talk with Mr. Jones put Advent Advertising...
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... ------------------------------------------------- ------------------------------------------------- Employment-At-Will ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Kimberlyn M Rice ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- ------------------------------------------------- Law, Ethic, and Corporate Governance LEG 500 ------------------------------------------------- Dr. William Stone ------------------------------------------------- 8 August 2015 Employment-At-Will Doctrine One such concept that is slowly creeping into the mainstream consciousness is the At-Will Employment Doctrine. Unfortunately, unlike some of the other legal concepts that make this transition, much of what people know about the At-Will Employment Doctrine is learned secondhand from unreliable sources, or whatever limited real world experiences a person...
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...Assignment 2 (approximately 3,000 words) You have recently been appointed as ER Manager to a small manufacturing organisation, producing packets of boiled sweets for various own label supermarkets. The factory has been in operation for 15 years. A Trade Union is recognised for the assembly line workers (with 80% membership of that group) and the company has in the past 5 years experienced increasing workplace conflict – the last incident being an entire department of workers (the packing area) walking off the site and refusing to work for the rest of the shift, in response to an employee being dismissed for poor quality work. The General Manager has asked you to write a report advising the senior management on how they should improve employee relations, in both the short term and for the future. http://www.articleclick.com/Article/Factors-Influencing-the-Employee-Relations/995308 http://www.acas.org.uk/media/pdf/g/e/Model_Workplace.pdf Background Small organisation (about 50 employees) Type of worker Unionised workforce – implications of this Possible causes of conflict Long term breakdown of trust? Short term mishandling of discipline? Unofficial protest – failure of procedures? – problem with TU processes? Poor relationship with TU? How to find out Discussion with supervisors Employee attitude surveys Discussion with TU reps Possible solutions? Short term Long term Recommendations must be appropriate to a small organisatio 3. type of rowker ...
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...A GUIDE TO SUPPORTING GOOD PRACTICE IN MANAGING EMPLOYEE RELATIONS CONTENTS Internal factors that impact employee relations | Page 3 | External factors that impact employee relations | Pages 3-4 | Employment status | Page 4 | Employee rights | Page 5 | Legislation relating to work/life balance | Pages 5-6 | Family/parent-related legal support | Pages 6-7 | Equal pay | Page 8 | Equalities Legislation | Pages 9-10 | The psychological contract | Pages 10-11 | Fair and unfair dismissal | Pages 12-13 | Exit interviews | Pages 13-14 | Redundancy | Page 14 | Impact of redundancy | Page 15 | The following information is a leaflet giving guidance to employee relations. The information details the impact that employment law has at the start of the relationship between the employer and employee. INTERNAL FACTORS THAT IMPACT EMPLOYEE RELATIONS The Factor | The Description | The impact on the employment relationship | Pay and Benefits | Annual salaries, private health care, annual discretionary bonus, free or subsidised lunch, early finish Friday, pension, travel insurance and childcare vouchers to name but a few. | These are key when seeking to recruit new employees. People are attracted to a salary that meets their needs and that they feel is worth the job they want to do. It is beneficial if there are attractive benefits to go alongside the annual salary as it encourages motivation and loyalty and good productivity from employees. If the organisation...
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...Recruitment Advertising & Recruiting Strategy In a time when many companies are cutting costs across their operations, a growing number of HR departments are changing the ways they recruit. Their goal: to boost recruiting efficiency (reducing recruiting costs per hire). Their means: innovative recruiting approaches that bring imagination and aggressiveness to a company's overall recruiting function. Innovations are occuring in several elements of the recruiting process. Here is a look at innovations in several areas. Recruitment Advertising An increasing number of companies are supplementing and even replacing the traditional classified ad with creative, clever, eye-catching ads. These ads are essentially a company's resume and cover letter, designed to send a unique and memorable message about the company to sought-after prospective applicants. Recently, Personnel Journal reviewed several hundred ads submitted by subscribers and reported some trends in this type of advertising. They include: 1. Use of Employees in Ads Instead of the traditional testimonials, more company ads are spotlighting employees, talking about their skills, jobs, and accomplishments. For example, General Dynamics has run a series of ads that, by comparisons with great inventors, compliments profiled employees and their colleagues. For example, one ad hadline in the series proclaims, "We're looking for another Newton ...And another Newman: (Howard Newman, one of General Dynamic's senior project engineers)...
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...CHAPTER 7: Classification of Employees I. REGULAR 1. those who are engaged to perform necessary or desirable activities for trade of employer, except when employment is fixed for specific term or project 2. casual employees who have rendered atleast (1) year of service, whether continuous or broken, with respect to activity which they’re employed * true despite written agreements that may state employee is not regular (prevent lopsided agreements and manipulations to keep employee on casual status) A. Standards 1. Activities Performed Are Necessary or Desirable In Usual Business of Employer * connection may be made by considering nature of work to be performed and its relation to the scheme of the business in its entirety * De Leon vs NLRC and La Tondena FACTS * Moises de Leon was employed by La Toneda in Dec 11, 1981 * Worked painting building, equipment, other maintenance jobs, cleaning and operating company equipment, assisting Emiliano (reg maintenance man) * Paid daily through petty cash vouchers * Jan 1983: requested to be included in payroll of regular workers, instead of petty cash vouchers * Terminated Moises = filed complaint for illegal dismissal, reinstatement, and payment of backwages * Weeks after dismissal he was rehired indirectly for same job in Vitas-Magsaysay Village Livelihood Council, labor agency of La Tondena * La Tondena claimed that he was only casual, hired to paint a certain building in company...
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...References 11 Question 1(a) The issues arise in the above situation is whether Ahmad have any contract made with Suria Supermarket. The law consist in the above situation is Invitation to treat (ITT). As you known, invitation to treat does not mean amount to an offer. Section 2(a) of the Contract Act 1950 defined as something which is capable of being converted into an agreement by its acceptance. There is a different between Invitations to treat with an offer. A proposal must be distinguished from an invitation to treat (ITT) so that the proposal can be the only way to attract any party to enter the contract. Examples of Invitation to treat which is Good displayed in shop windows and shelves, Advertisement, Auctions, Catalogues and Price lists. Based on the above situation, the law of Invitation to treat of display of goods is exist which it is not a proposal to sell and invitation not capable of being accepted, In shop , owner merely holds himself prepared to consider proposals made to him at the suggested price, so an offer to buy is made when the customer puts the goods in a trolley or takes the item off the shelf, but the contract only made when the person bring the item to the cashier’s desk and pay for the item. Section 2 (a) of the Contract Act 1950 provides that when one person signifies to another his willingness to do or to abstain, he is said to make a proposal. In the case of Pharmaceutical Society of Great Britain v Boots Chemist Ltd we can know that the display of...
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...LAW Businesses as well as consumers are usually free to enter into contracts on whatever terms they see fit to agree. However, contracts involving sales of goods can be subject to a range of statutory provisions. Consumers have greater protection than buyers who are ‘dealing in the course of a business’. ‘Let the buyer beware’ or ‘caveat emptor’ does not apply to all transactions and anyone selling goods in the course of a business to consumers should be aware that the law will imply certain terms into all such transactions. Consumers are defined as people who are buying for purposes not related to their trade, business or profession. 1. Legislation The Sale and Supply of Goods Act 1994 introduced significant changes to areas formerly covered by the Sale of Goods Act 1979, the Supply of Goods (Implied Terms) Act 1973, and the Supply of Goods and Services Act 1982. However, the 1979 Act, as amended, remains the bedrock of our sale of goods law. General sale of goods law is discussed in this fact sheet. Our fact sheet on Sale of Goods Law (Consumer Protection) deals with legislation that is specifically designed to protect buyers who are consumers. This includes the Unfair Terms in Consumer Contracts Regulations 1999, the Consumer Protection (Distance Selling) Regulations 2000, the Sale and Supply of Goods to Consumers Regulations 2002 and the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987. 2. Implied...
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...OF ISSUE ABOUT TO MY COMPLAINANTS, WHY THEY ARE CALLED ILLEGALLY CONSTRUCTIVELY DISMISSED, BECAUSE MY COMPLAINANTS THEY ARE REGULAR EMPLOYEE OF HEREIN RESPONDENT COMPANY AND INDIVIDUAL MEMBER OF THE BUKLURAN NG MANGGAGAWANG PILIPINO (BMP), A TRADE UNION POLITICAL CENTER DULY REGISTERED BEFORE THE DEPARTMENT OF LABOR AND EMPLOYMENT. EVENTHOUGH THE COMPLAINANTS THEY CANNOT SIGN HAVE CONTRACTED BUT THEY HAVE MORE PAPERS TO PROVE THE COMPLAINANTS THEY ARE ILLEGALLY CONSTRUCTIVELY DISMISSED. THEY HAVE XEROX COPIES OF COMPLAINANTS’ TIME CARDS; COPIES OF THE PAYROLLS ARE IN THE CUSTODY OF THE RESPONDENT COMPANY AND PAY SLIPS. AS A LAWYER THAT ARE NOT ONLY A PROVEN TO MY COMPLAINANTS. BECAUSE THEY HAVE RELATIONSHIP EMPLOYER TO EMPLOYEE, THE FOUR ELEMENTS MOST IMPORTANT IS RIGHT OF CONTROL TEST, WHY? BECAUSE THE COMPLAINANTS EVENTHOUGH THEY WILL NOT TO SIGN OF CONTRACT BUT THEY WORK ARE OKEY UNTIL END OF WORK OF THE COMPANY SO THEY HAVE GOOD RELATIONSHIP EMPLOYER TO EMPLOYEE. ACCORDING ARTICLE 280 THE COMPLAINANTS ARE REGULAR EMPLOYEE. AND ALSO INDEPENDENT CONTRACTOR CAUSE THEY WILL NOT SIGN OF CONTRACT, ARTICLE 279 SECURITY OF TENURE, ARTICLE 281 PROBATIONARY EMPLOYMENTS AND FOOTNOTES. BECAUSE THE RESPONDENT FAILED TO APPEAR IN THE MANDATORY CONFERENCE HELD BEFORE THIS HONORABLE OFFICE ON 30 APRIL 2012,WHICH MEAN THE RESPONDENT ARE STRIKE THE LAW WHY? ACCORDING ARTICLE 263 STRIKES AND LOCKOUTS AND FOREIGN INVOLVEMENT IN TRADE UNION ACTIVITIES.ARTICLE 247 UNFAIR LABOR PRACTICE (ULP). EMPLOYER...
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...exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all of the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing Strat. READ ENTIRE DOCUMENT BELOW (2.1) FOR SUPPORTING EVIDENCE: 2.1 The law provides certain relief for aggrieved parties that suffer losses as a result of another party’s breach of contract. These relief mechanisms are collectively referred to as remedies. Recall the distinction discussed in Chapter 1 between remedies at law and remedies in equity. For many contracts, the remedy at law...
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...In a time when many companies are cutting costs across their operations, a growing number of HR departments are changing the ways they recruit. Their goal: to boost recruiting efficiency (reducing recruiting costs per hire). Their means: innovative recruiting approaches that bring imagination and aggressiveness to a company's overall recruiting function. Innovations are occuring in several elements of the recruiting process. Here is a look at innovations in several areas. Recruitment Advertising An increasing number of companies are supplementing and even replacing the traditional classified ad with creative, clever, eye-catching ads. These ads are essentially a company's resume and cover letter, designed to send a unique and memorable message about the company to sought-after prospective applicants. Recently, Personnel Journal reviewed several hundred ads submitted by subscribers and reported some trends in this type of advertising. They include: 1. Use of Employees in Ads Instead of the traditional testimonials, more company ads are spotlighting employees, talking about their skills, jobs, and accomplishments. For example, General Dynamics has run a series of ads that, by comparisons with great inventors, compliments profiled employees and their colleagues. For example, one ad hadline in the series proclaims, "We're looking for another Newton ...And another Newman: (Howard Newman, one of General Dynamic's senior project engineers). The ad's text showcases Mr. Newman's...
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...Business: Assignment 1 (i): Is the cat contract with Feline Fertility Pty Ltd enforceable? Your answer should include an analysis of the reason put forward by Lassie Ltd for terminating the contract. The area of law relating to this particular question is the Corporations Act 2001 section 124, which mentions the legal capacity and powers of a company, and section 125 (2), which refers to a company's objects within its constitution. As Lassie Ltd is a company, it is a separate legal entity, meaning it can enter into contracts in the same legal way a normal human being could. Lassie Ltd's constitution includes the objects clause stating that the company's activities are to be restricted to the breeding and selling of dogs and goods and services associated with dogs, this is why Lassie Ltd wants to terminate the contract. This objects clause does not prevent the company from entering into any contracts as the company can enter into any contract that it wants to as it is a separate legal entity. Despite the fact that Lassie Ltd broke its company constitution, the contract is still enforceable with Feline Fertility Pty Ltd due to the abolishment of doctrine of ultra vires. The abolishment of doctrine of ultra vires means a company cannot enter into contracts beyond their power and then later avoid their legal obligations on the grounds that they had no legal capacity to enter into the contract. Lassie Ltd knowingly entered into the contract to purchase 300 cats per year, despite...
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...Management Cases http://ajc.sagepub.com/ The Employee Strike at University of Health Sciences, Lahore−Punjab Zafar I. Qureshi and Hassan Mahmood Asian Journal of Management Cases 2012 9: 127 DOI: 10.1177/0972820112454241 The online version of this article can be found at: http://ajc.sagepub.com/content/9/2/127 Published by: http://www.sagepublications.com Additional services and information for Asian Journal of Management Cases can be found at: Email Alerts: http://ajc.sagepub.com/cgi/alerts Subscriptions: http://ajc.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav >> Version of Record - Sep 25, 2012 What is This? Downloaded from ajc.sagepub.com at LAHORE UNIVERSITY OF MGMT SCI on October 12, 2012 Case Editor’s Introduction 127 Asian Journal of Management Cases 9(2) 127–140 © 2012 Lahore University of Management Sciences SAGE Publications Los Angeles, London, New Delhi, Singapore, Washington DC DOI: 10.1177/0972820112454241 http://ajc.sagepub.com The Employee Strike at University of Health Sciences, Lahore–Punjab Zafar I. Qureshi Hassan Mahmood Abstract This case traces the series of events that led to the crippling employee strike faced by the University of Health Sciences in 2009–2010. Instigated by a somewhat ambiguously worded directive from the Punjab Government (under whose aegis the UHS functions) regarding the regularization of contract employees...
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