...| The Case for Consensual Relationship Agreements | BUS 520 – Leadership and Organizational Behavior/Assignment 1: Consensual Relationship Agreements Case study | | Victor A. Colon | 4/22/2012 | | Introduction Human beings spend their lives interacting with others. In turn, a great portion of this interaction occurs at work. Professional relationships are important to build as individuals advance in a career. It is not enough to have a good set of skills as progress in a career. Personalities go a long way towards opening doors and opportunities. While one must strive to act and behave ethically at work, learning to juggle professional behavior with friendship is important. Many times employees and managers need to be approachable while maintaining integrity and professionalism. Employees also need to know when to set certain boundaries of behaviors so as to keep the integrity required to fulfill the job. With that said, all humans have emotional, spiritual and physical needs. Studies show, Vandewater (2012), “the number of people who have had an interoffice relationship has risen to 59 percent--with half of those respondents reporting having developed a serious, long-term relationship with a colleague.” Those same studies also report that an alarming majority of employers do not have a policy regarding workplace relationships. Riccobono (2011) stated, “While often harmless, consensual co-worker relationships can create a myriad of problems for the employees...
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...Consensual Relationship Agreements Consensual Relationship Contracts are often referred to as “Love Contracts.” These contracts are fairly new and have only recently been introduced into the workforce; they date back approximately to six or seven years ago. (Kellog forum) A consensual relationship agreement (CRA) is a written contract in which many companies are now presenting to employees who are romantically involved, within the same company. The contracts are often presented by human resources and the parties involved are asked to voluntarily sign them. Not to only protect the companies interest but the employees as well. The “Love Contracts” are being implemented by companies to assure that company policies and company conduct ethics are not breached by the romantic involvement between two of its employees. Workplace romances and relationships are becoming more commonplace as work hours are becoming longer and the concept of “team building” is become more widespread in the workforce. Most companies at some time used to have policies that prohibited interoffice dating. Now many experts warn against such policies stating that the outcome often concluded with employees rebelling against the policy and dating for the thrill. (Hellriegel, Slocum 65) Corporate culture had to become more flexible due to the change in the dynamics of their employees. In an environment where individuals with common interests are working in close proximity for 40 or more hours per week, an office...
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...as in [1919] 2 K.B. 571. This case has been authority in itself for the principles set in the case not only in England but also in our country where it is cited in several cases and accepted by Hon’ble Courts. We have discussed this case in detail in several cases discussed later by us. Balfour v. Balfour, three quarters of a century after it was decided, remains a leading case. It features prominently in all contract textbooks . So, basically it is very important to discuss this important whose principles are being propounded until now. The question in the instant case is of contract. Legal intention to form contract and consideration were two important concepts which we used to know before starting brief detail of this case. Indian judiciary has sanctioned the verdict of this case on the point of legal intention in several cases. This case is first time referred in Indian court in the case of Commissioner of incometax, Bihar And Orissa v. Maharajadhiraj Sir Kameshwar Singh i.e. in early 1950s. From that, it has also become an important principle of Indian contract...
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...The Love Contract Debate Employers may want to regulate your romance. Besides raising a few eyebrows, office romances can jeopardize your job security and put employers and co-workers on edge. If you find yourself drawn to an attractive co-worker, be aware of company policy and relatively new trends in office romance management. Lester Jones, attorney and law partner with the law firm of Littler Mendelson in Los Angeles, says employers have been approaching labor and employment law firms for years about work romance issues. Many companies now ask “involved” employees to sign Consensual Relationship Agreements, more commonly known as “Love Contracts.” Love and the Law “These types of contracts have been around for about six or seven years,” Jones says. Before you consider another date with your new office partner, give some thought to what you might want to do if asked to sign one of these agreements. “Basically, it’s an agreement to not pursue litigation against the employer if the relationship goes bad,” Jones adds. Once two employees stop dating, one person may believe that the former partner no longer treats them fairly or ignores them when a promotion should be considered. Most employers realize that it’s unwise to ban all office romances. | It’s at this point that the less senior employee could claim that a “hostile work environment” has evolved–and pursue litigation against the employer. According to Jones, “Most employers realize that it’s unwise to try and ban...
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...[pic] LAC 4443 COMMERSIAL LAW INDIVIDUAL ASSIGNMENT ‘SHARIAH LAW OF CONTRACT’ |NAME |HANNA FAUZANA BINTI HAMDAN | |ID NUMBER |1110*** | |GROUP |TMC 2 | |LECTERUR’S NAME |MADAM MAHERAN BINTI MOHAMED | ‘Aqd’ was conjunction consent (tender expression on the one hand that held a contract) with qabul (expression of acceptance by other) which give effect to a contract. Qabul affinity binding agreement and both parties mutually agree of each of the parties involved in the contract bound to perform their respective obligations accordance with an agreed deal. ‘Aqd also is the two parties taking upon themselves an undertaking to do something. It is composed of the combination of an offer (ijab) and acceptance (qabul). The making of ‘aqd is connecting in a legal manner, one’s offer (ijab) and acceptance (qabul) with the other, in a way which will be clear evidence of being mutually connected. Allah said in the Quran: يَا أَيُّهَا الَّذِينَ آمَنُوا لا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ “Oh you who are believe...
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...the effect of conjuring up human emotions that often gives birth to romance between co – workers. This may have significant consequences such as court trials, job insecurity and low morale. This paper will emphasis the importance of Consensual Relationship Agreements. A well drafted CRA works as a shield between employees and an organization. This paper will discuss the arguments against Consensual Relationship Agreements as well. BUS520 Consensual Relationship Agreement case study 1 Introduction Consensual Relationship Agreement, “the legal name for the love contract” was introduced in 1998, in the wake of expensive court trial of former U.S. President Bill Clinton and his white – house intern Monica Lewinsky, as employers grew cautious of the legal implication of workplace romances ( Selvin, 2007, para.9). According to HRM, a comprehensive document such as Consensual Relationship Agreement is needed to avoid an organization and employees from diverse circumstances. Q1 Argue for the use of Consensual Relationship Agreements in your current or future workplace. 1. Professional code of conduct Radiations of such intimate relationships influence the attitudes, values and productivity potential of employees. The CRA legally binds the romantically...
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...involved employees to sign. Of the 617 members who responded to the SHRM survey, 72 percent do not have a written policy; 14 percent say they have an unwritten, but well understood, norm in their workplace. Thirteen percent do have a policy. Argue for the use of Consensual Relationship Agreements (CRAs) in your current (or future) workplace. "Consensual relationship agreements," the legal name for the love contracts, became the office buzz word about eight years ago in the wake of former President Clinton's relationship with former-White House intern Monica Lewinsky. White House Corporate counsels grew fearful that an affair involving one of their executives could end in a big-bucks liability payout. Consensual relationship agreement is a contract that is signed by romantically involved parties that are in the same workplace. This contact will help employers avoid any type of legal action should the two parties part on not so nice ways. CRA’s also provide protection from the employer should any relationship is brought up on any type of sexual harassment charges. The contract can be entered into by any two involved employees but, is strongly encouraged when one of the involved parties is in a position where his or...
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...void under section 26 of the Contracts Act 1950. Advise Pak Hamid, and supports your answer with legal authority. Issue – whether the transfer of land is valid although without consideration? Rules: • Section 26 provides that as a general rule, an agreement without consideration is void. • Section 2(d) defines consideration. • Section 26(a) agreement without consideration is void, unless it is expressed in writing, registered under the law (if any) for the time being in force for the registration of such document, it is made on account of natural love and affection between parties standing in a near relation to each other. Issue and rules + explanation Application: An agreement made on account of natural love and affection is binding if the following requirements are present: • It is expressed in writing • It is registered (is applicable) • The parties stand in a near relation to each other – Tan Soh Sim, Chan Law Keong & Ors v Tan Saw Keow & Ors Applying the above principles, Pak Hamid need not be worried because the transfer of his land will be in writing and be registered; and Pak Hamid as Saadiah father, the transfer for love and affection will be valid even though Saadiah does not pay anything for the land. Application + explanation Mr. Tan enters into Excellent Supermarket and selects some of the groceries including vegetables, fruits and dried herbs. He then put these items into the shopping basket. Whether the contract has been formed at this juncture...
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...culture is the personality of the organization—which sometimes is difficult to fully express in words. This is the norm for most employees in the organization, they sense it and know it is their daily behaviors. Organizational cultures may vary from having a weak ethical culture to a strong one. "Consensual relationship agreements," the legal name for the love contracts, became the office buzz word about eight years ago in the wake of former President Clinton's relationship with former-White House intern Monica Lewinsky. White House Corporate counsels grew fearful that an affair involving one of their executives could end in a big-bucks liability payout. “Consensual relationship agreements” help employers avoid legal liability if an office romance has an adverse outcome for the parties involved. This relationship is voluntarily and occasionally involuntary which brings about sexual harassment. It should be encouraged that most workers, especially senior executives, sign a "love contracts" that shield employers from liability if intimacy later congeals into a sexual harassment lawsuit or some other discord. The contracts, most common in the entertainment industry, also act as a formal way for a couple to disclose a relationship in case their dalliance could affect the bottom line or generate negative publicity. Once two employees stop dating, one person may believe that the former partner no longer treats them fairly or ignores them when a promotion should be considered....
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...the Rule To create a contract there must be a common intention of the parties to enter into legal obligations, mutually communicated expressly or impliedly (Rose and Frank Co v JR Crompton & Bros Ltd). It is open for the parties to use express language to indicate an intent (or lack of) to impose legal obligations on each other. Alternatively, this intention can be impliedly from the circumstances. The courts use an objective test in making a determination about the intention of the parties. In making an objective determination of the parties, intention the court looks at the surrounding circumstances and asks if a reasonable person would regard the agreement as intended to be binding. Domestic and social relationships Presumption The presumption is that domestic and social agreements are not intended to have legal force. Rebutting the presumption The presumption can be easily rebutted for example if parties who are in a familial relationship are contracting in a business context or if a husband and wife enter into an agreement in circumstances in which they are no longer living in harmony. Similarly, if the words used in the contract indicate a legal intention, the presumption that may otherwise have arisen may be rebutted. Case Examples a) Husband and Wife (Balfour v Balfour) Parties intended involved in a domestic relationship, will generally not have intended legal consequences to follow their arrangement thus a contract will not be enforceable...
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...Employment Contract Deidra Lynn McIntosh BUS 670 Leah Westerman April 22, 2013 In today’s economy, most people are so happy when they get a job they sometimes overlook the paperwork they’re signing and don’t actually read the fine print. You may think you’re signing a contract, but really you’re accepting a job with a specific title, job description, stipulations and salary. The economy is structured on the freedom to draw up a contract with a system of laws that can be enforced. Contracts that are freely entered into are not always read carefully by the signer. The signer may not be aware of the elements required to make the contract enforceable (Seaquist, G. and Coulter, K.). For example if the Fabulous Hotel hires you as head chef under a two year employment contract. If you don’t read the contract carefully then you will not know that in the small print it says “The below signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ”. Therefore, you can’t work for another hotel in the same metropolitan area for two years there are several items that makes this contract enforceable. The elements of a contract will include offer, acceptance, and legal consideration just to name a few. The offer expresses the willingness of both parties entering into a contract. Most of the time the offer is dated and will expired at the end of that date. Moreover, if the date is not there the contract is valid...
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...3(b) 6 Question 3(c) 7 Question 4(a) 8 Question 4(b) 10 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...
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...Consensual Relationship Agreement Leadership and Organizational Behavior January 22, 2012 Abstract In today’s fast paced society women and men spend nearly forty percent of their week in the workplace. Due to the time spent working together; many workers generate a common interest in one another, therefore leading to workplace romance. Many companies protect themselves and their workers with Consensual Relationship Agreements or CRA; a CRA is a written contract in which romantically involved partners acknowledge workplace policies regarding romance. The CRA is confirmation of their relationship being voluntary and consensual; ensuring that the statutes of the relationship does not affect the dynamics of the workplace ethical infrastructure. Both parties agree to abide by the employers antidiscrimination, anti-harassment, and workplace conduct policies. Many employers and employees find that CRAs can be both beneficial and detrimental in the workplace; affecting personal relationships, workplace infrastructure, and productivity. There are several benefits that CRAs provide in today’s workplace not all companies have policies in place but they are beneficial to productivity. Consensual Relationship Agreements create boundaries for workplace relationships and legally binds employees to behave in a professional manner. A majority of companies do not have any policy in place. The dynamics of the workplace was jeopardized because several people dated romantically. This...
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...Consensual Relationship Agreement Despite their imperfections, love contracts can help protect employers from exposure to employment discrimination lawsuits, including the ever-growing flood of retaliation claims, which rose to the No. 2 charge filed with the U.S. Equal Employment Opportunity Commission (EEOC) in 2007. Problems with love contracts can be minimized if they include: • A reference to or recitation of the company’s sexual harassment policy and an acknowledgment that the employees are familiar with the policy. • An affirmation that the relationship is consensual and freely entered into, and that each employee agrees to waive the right to assert a claim for sexual harassment for any conduct by the other prior to the signing of the contract. • A statement that the employees will not seek or accept a position where one reports to the other. • An agreement, if one of the employees already supervises the other, that the supervisor will be removed from any decision-making authority over the subordinate. • An agreement that any dispute arising from the relationship or the contract will be resolved through mediation, an intra-company dispute resolution procedure or arbitration. • A recommendation that employees consult an attorney before signing the contract. • An admonition that dating employees are expected to follow certain guidelines, such as professional behavior at work and refraining from displays of affection at work. • A confirmation that each employee...
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...attractions occur, eventually leading to a relationship. It is important for employers to realize that workplace relationships are going to occur and to have policies set in place. It is not a suggested practice to forbid workplace relationships, but it is necessary to maintain the integrity of the organization and to maintain a functional office environment. Unfortunately, workplace relationships can lead to accusations of poor judgment, breach of ethics, favoritism, lost of productivity, poor employee morale, sexual harassment claims and workplace violence. Consensual relationship agreements or “love contracts” should no be used as the sole means of protection from litigation, they should be used to supplement a business’s antiharassment policy, and other legalities that may occur upon the demise of the relationship. Consensual relationship agreements are written contracts in which employees involved in a workplace relationship and acknowledge the following: • Their relationship is voluntary and consensual. • They agree to abide by the employers antidiscrimination, antiharrassment, and workplace conduct policies. • They promise to report any perceived harassment to management, if it occurs. • They agree to behave professionally and not to allow the relationship to affect their productivity....
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