...point of view? Your answer should contain references to appropriate case law." The offering of a job to someone may be the beginning of the end of the employment relationship due to several issues that arise between the two in the course of the employment relationship. More research in Australia in the case law has evidenced different issues that surround the employer-employee relationship. Under the common law, employers and employees have a contract of employment which may be a fixed term or a permanent employment relationship. These contracts demand the mutual trust and confidence from both parties. In such a contract, the employers must be fair and reasonable when dealing with their employees. A case law that looked at the implied duty of the mutual trust and confidence was in the McDonald v State of South Australia. The Australian law was deeply analyzed and mutual trust and confidence was concluded to be part of the Australian Law. Mr, Macdonald was a teacher who felt that the defendant, the Department of Education and Children’s Services, had failed to provide a safe work system and had destroyed the mutual trust and confidence between them that were the terms of his contract. Thus, Mr. McDonald had no choice but to end the employment because the defendant had not lived up to its promise. It was concluded that the plaintif was justified to quit as the the contract had been repudiated. In a different case of Perkins v Grace Worldwide it was deemed that the trust and confidence...
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...victim, but the defendant and colleagues. This type of law suit is a violation of both state and federal law. According to federal law sexual harassment violates Title VII of the Civil Rights Act of 1964. The Title VII law holds employers liable when there are inappropriate sexual advances in the workplace. In the video presented, there will be an analyzation of a case involving sexual harassment. Elements will be identified, applicable defenses, judge’s ruling, if there are any potential civil liabilities and a different case scenario will be addressed. Cause of action In this case, two employees who work for a computer company GHI-Soft. The Plaintiff, Mr. Silverstein, alleges that his co-worker Ms. Shaw is guilty for sexual harassment. Mr. Silverstein claims Ms. Shaw placed a sexual explicit screen saver on his computer at the same time he was up for a promotion. Due to his supervisor seeing this screen saver, he also claims this was the basis for him not being chosen for the promotion. After talking with Ms. Shaw, she claims that a solid friendship over the duration of employment had been formed or so she thought and Mr. Silverstein had never voiced any concern for their office shenanigans over the years. Several issues are identified throughout the interview with both parties. As the alleged charges were filed, the behavior among the group in the past reflected the same situation discussed. Additionally, both parties have a history of teasing and joking with a sexual demeanor...
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...Parties attending the Mediation Case a. The plaintiff, Carmen L. b. The defendant, Juanita Solis. c. Ms close Jones, a key witness d. Mr. Dennis Watson, a key witness 2. Brief Summary of Facts The plaintiff and the defendant are sisters. The plaintiff was drinking whiskey and cola as she talked to the defendant. She spilled whiskey and slipped when she got up. As a result of the fall, Carmen suffered a severe back injury. The plaintiff commenced this mediation case suing the restaurant of negligence. The siblings of the defendant have also raised alarming claims against the defendant. They claim that being given the job by their mom was a misdeed and that the defendant is ripping the family apart. The sources of these happenings are strongly attributed to the lat will left by the parents of the parties. The plaintiff expected to be named as the manager of the restaurant because she has worked in the business for around eight years. Following, the pass over, the plaintiff resolved to heavy drinking of alcohol the circumstance leading to the accident. 3. Claim and defense to counter the claim The plaintiffs claim lies on the basis that the restaurant was negligent. However, the defendant disputes these claims as the circumstances underlying the accident solely lie on the responsibility of defendant as confirmed by the summary of facts. With regard to the plaintiff’s claims, the defendant seeks justification of this case. The defendant has sufficient evidence...
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...Quantitative Methods – Course Handout MBA – Semester 1 – Class of 2011-13 Faculty: Mr. Amarnath Mitra Ph: 8125596425 Email: anmitra.ibs@gmail.com Meeting Hours: Working Days (10:00 AM – 6:00 PM) – with prior appointment Room No. E 203 1. Instruction Details Course Duration: 33 sessions of 75 minutes (1hr 15mins) each. 2. Course Details A. Course Objective To provide concepts of quantitative techniques that help managers in decision making process and to build the foundation for courses like Operations Management, Marketing Management and Portfolio Management. B. Instruction Methodology: Case Discussions The students are advised to go through the specified cases along with the specified material for a particular day. C. Suggested Titles (Text and Reference) REFERENCE BOOKS Statistics for Management (Main Text) Quantitative Techniques for Management Decisions Quantitative Methods for Business Business Statistics Quantitative Analysis for Management Complete Business Statistics Statistical Methods AUTHOR / PUBLICATION Richard I. Levin, David S. Rubin - Prentice Hall of India Private Limited, New Delhi. U K Srivastava, G V Shenoy and S C Sharma - New Age International, New Delhi David R Anderson, Dennis J Sweeny and Thomas A Williams - Thomson Learning, New Delhi David M Levine, Timothy C Krehbiel and Mark L Berenson - Pearson Education. Delhi. 2004 Barry Render and Ralph M Stair - Prentice Hall. New Delhi 2002 Amir D Aczel & Jayavel Sounderpandian Digambar Patri & D N Patri ...
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...Chapter Four Professional Accounting in the Public Interest, Post-Enron Purpose of the Chapter When the Enron, Arthur Andersen, and WorldCom debacles triggered the Sarbanes-Oxley Act of 2002 (SOX), a new era of stakeholder expectations was crystallized for the business world and particularly for the professional accountants that serve in it. The drift away from the professional accountant’s role as a fiduciary to that of a businessperson was called into question and reversed. The principles that the new expectations spawned and renewed resulted in changes in how the professional accountants are to behave, what services are to be offered, and what performance standards are to be met. These standards have been embedded in a new governance structure and in guidance mechanisms, which have domestic and international components. The influence of the International Accounting Standards Board (IASB) and the International Federation of Accountants (IFAC) will be as important as that of SOX in the long run. This chapter examines each of these developments and provides insights into important areas of current and future practice. Building upon the understanding of the new stakeholder accountability framework facing clients and employers developed in earlier chapters, this chapter explores public expectations for the role of the professional accountant and the principles that should be observed in discharging that role. This leads to consideration of the implications for services to be...
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...| | | | | La Trobe Law School | | LST2BSL: INTRODUCTION TO BUSINESS LAW | | Subject Learning Guide Semester 12015Melbourne (Bundoora) and DandenongSubject Coordinator: Mr. N. Balu Rao | | ENQUIRIESMr. N. Balu RaoSenior LecturerLa Trobe LawLa Trobe UniversityVictoria 3083 | T 03 9479 2824E N.Rao@latrobe.edu.au | Table of Contents Subject Details 3 GENERAL DETAILS 3 ENROLMENT REQUIREMENTS 3 STAFF CONTACTS 3 SUBJECT DESCRIPTION 4 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 4 FACULTY GRADUATE CAPABILITIES 4 LEARNING ACTIVITY SUMMARY 4 ASSESSMENT AND FEEDBACK SUMMARY 4 LEARNING RESOURCES 5 STUDENT FEEDBACK ON SUBJECT SURVEY 5 ACADEMIC INTEGRITY 5 Schedule of Learning Activities 6 Session Plan: 6 Learning Activity Details 7 Lectures: (Weeks 1-12) 7 Seminars: (Weeks 2-12) 7 Assessment and Feedback Details 8 Learning Resources 11 Readings 11 Academic Language and Learning Unit (ALLU) 11 Learning Management System (LMS) 11 Library 11 Student Support Services 12 Learning Summary 12 SUBJECT INTENDED LEARNING OUTCOMES (SILOS) 12 FACULTY GRADUATE CAPABILITIES (FGCs) 12 Make the most of this subject 13 Work consistently 13 Practise legal problem solving 13 Participate in all the learning activities 13 Lecture notes 13 Allow sufficient time for study 13 Become a member of a private study group 13 Policies, Procedures and Guidelines 14 Academic Integrity 14 Special Consideration 14 Extensions, Late Submissions...
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...ASB Trading Enterprise 17th May 2013 Table of Content 1. Executive Summary 2. Case Study 2.1 Facts around the case 2.2 Risk Management Issues 2.2.1 Fraud Risk 2.2.2 Risk and Control Framework 2.2.3 Corporate Governance 2.3 Broader Consequence of the Case 2.4 Actions Taken by NAB after Crisis 3. Comparison to 2008 Trading Loss in SocGen 4. Conclusion: Lessons Learnt/Recommendations 5. References 1. Executive Summary: National Australia Bank (NAB) is the largest business bank in Australia and the fourth largest retail bank (by total assets) with net operating profit of $A6728 million in 2011. However, due to already competitive trading environment, every major banking institution is beset by increasing pressure on their trading performance – and NAB is no exception. NAB has responded to these challenges by increasing its proprietary trading positions within the Corporate & Investment Banking division, which was in contrary to the customer-focused strategy. The traders engaged in large unauthroised transactions with minimal supervision, which turned into fraud and significant trading loss due to volatile market conditions. However, the integrity of the traders was not the sole cause that led to the $360 million loss. Along with NAB’s unreliable internal risk and control framework and an inappropriate level of governance, the traders exploited the loopholes within NAB’s operations and created fictitious...
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...Corporate Compliance Plan for Riordan Manufacturing October 19, 2009 Riordan Manufacturing is a profitable company generating large amounts of revenue for Riordan Industries. This compliance plan will outline the company’s legal processes and standards to ensure the company will be able to continue to operate and remain profitable in the future. The plan will address the laws that affect the company and provide a guideline for ensuring employees adhere to these laws. Riordan Manufacturing was started in 1991 by Dr. Riordan. He started the company by developing a process for turning polymers into high tensile strength plastic substrates. He patented these processes. In 1992 he purchased a manufacturing plant that made fans and started to get into the manufacturing business instead of just research and development. In 2000 the company started to venture out and expanded into China. This plan will outline an Alternative Dispute Resolution (ADR) for the company to use to keep them on track with their mission. Then discuss enterprise and product liability. Briefly discussed will be issues with international law and how those laws affect the expansion into China. The paper will cover tangible and intellectual property, legal forms of business as well as governess. The paper will also cover enterprise risk management as outlined by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). It will conclude by wrapping up with a discussion on laws that Riordan must...
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...in the market by abusing market power 3.3. Legal aspect of an industrial thread collusion case 4. Conclusion 5. References 8 1 1. Introduction In a competitive market firms experience a constant pressure to offer the best goods and services to customers. Competition is an important instrument to gain economic efficiency and to maximize the welfare of producers and consumers (Perloff, 2009). Consumer welfare is a public interest and refers to individual benefits derived from the consumption of goods and services (Lowe, 2006). Therefore, the European Commission (EC) monitors the European Economic Area (EEA) to ensure compliance with the competition policy of the European Union (EU). Despite the EC’s desire to anticipate infringements some obstacles such as mergers, cartels and state aids still remain. The EC imposes high fines on firms that try to minimize competition in an illegal way. In September 2005 they “[…] fined thread producers from Germany, Belgium, The Netherlands, France, Switzerland and the United Kingdom a total of €43.497 million for operating cartels […]” (European Commission, 2005a). This paper investigates and analyzes the underlying economic principles of the EC’s action towards the market´s cartel of industrial thread. The first section describes the market structure and products of industrial thread and the firms which were involved in the case. The second section outlines the economic effects and the legal aspect of...
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...Douglas S. Coppin The Effects of Capital Punishments NIC / Executive Leadership June 2013 Evidence-Based Practice in the Criminal Justice System The phrase “because we have always done it that way” universally is no longer acceptable as it pertains to working in many sectors of the work-force, especially within the criminal justice system. Constant financial pressure to streamline budgets, coupled with ever-changing political climates have forced criminal justice organizations to embrace evidence-based concepts and practices. Evidence-based practice is defined as the use of practices that have been scientifically tested and proven effective. In simple terms, doing what works. This has led to drastic changes in various sectors from police operations, probation, sentencing, etc. When examining capital punishment the first question that must be asked is why do we do it? Is it simply a universal response to an atrocious act committed by an offender? If so, then there is no need to look any further. However, thousands of capital offense convictions are handed down annually in the U.S., yet most do not result in death penalty sentences. Therefore the only logical conclusion is that there is much more complexities in play once the state hands down capital punishment. Possible Effects of Capital Punishments at a Glance By and large, capital punishment in the United States is handed down to those offenders that are found guilty of homicide. Although not limited...
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...1978: 111). The story originates from America and it is reported by British press to the British audience. However, the cultural and the social understanding of the account of events is in this case the same. Register Daily Mail Text Daily Express Text Field The field of discourse is realised by the representational function of the experiential meanings of language that allows us to convey picture of our reality and encode meanings of...
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...A Passage to India E. M. Forster Online Information For the online version of BookRags' A Passage to India Premium Study Guide, including complete copyright information, please visit: http://www.bookrags.com/studyguide−passageindia/ Copyright Information ©2000−2007 BookRags, Inc. ALL RIGHTS RESERVED. The following sections of this BookRags Premium Study Guide is offprint from Gale's For Students Series: Presenting Analysis, Context, and Criticism on Commonly Studied Works: Introduction, Author Biography, Plot Summary, Characters, Themes, Style, Historical Context, Critical Overview, Criticism and Critical Essays, Media Adaptations, Topics for Further Study, Compare &Contrast, What Do I Read Next?, For Further Study, and Sources. ©1998−2002; ©2002 by Gale. Gale is an imprint of The Gale Group, Inc., a division of Thomson Learning, Inc. Gale and Design® and Thomson Learning are trademarks used herein under license. The following sections, if they exist, are offprint from Beacham's Encyclopedia of Popular Fiction: "Social Concerns", "Thematic Overview", "Techniques", "Literary Precedents", "Key Questions", "Related Titles", "Adaptations", "Related Web Sites". © 1994−2005, by Walton Beacham. The following sections, if they exist, are offprint from Beacham's Guide to Literature for Young Adults: "About the Author", "Overview", "Setting", "Literary Qualities", "Social Sensitivity", "Topics for Discussion", "Ideas for Reports and Papers". © 1994−2005, by Walton Beacham. All other...
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...Executive Summary This report endeavors to look at FedEx from the strategic initiative point of view and how it was able to adapt to changing business environment to improve itself. While organisations the world over have come and gone a few leave a lasting footprint on the way they have moved in the particular sector. FedEx with its various innovative ideas has left lasting footprint that has forever altered the scope of service within the logistics industry. From its humble beginnings as a delivery company, it has set itself up a global logistics and business services organisation that has shaken the belief held by behemoths regarding the level of innovation and service that they can offer to the customer base. With its out-of-box approach it has made industrial leaders like UPS, DHL etc, and look like new kids in the block. The strategic initiatives that the organisation has taken during various time a frame has exemplified the leadership ability of Mr. Smith to work toward uncertainly and how to respond to them. Introduction A general assumption regarding strategy is that executives by applying a set of tools will be able to predict a future of any business clearly enough to choose a clear strategy or direction to adopt. This overall scenarios and assumptions made usually led to a layout of vision for the future with assumed precision. However, one needs to remember that when the time ahead looks uncertain this approach is at best only helpful marginally and...
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...the name of Mr. Le Blanc in communicating to you.” Sophie Germain’s persistence and dedication to the field of mathematics helped to further the liberation of women mathematicians for generations to come. On April...
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...speedily developed to the basis of our system for reimbursing people for unintentional damage and grievances. It allows the benches toward compensations in tort in particular conditions where it is impossible to continue a contract. It has furthermore been used innovatively to compensate individuals for financial fatalities in business settings where no extra remedy was accessible. Executive summary The aim of this learning is to study the basic lawful values for which we can use in the applied aspects of business. Also from the case studies which is given is very helpful for practical day to day issues. This is focused on non-lower therefore we should give a clear picture of the concepts such as contracts, negligence torts, breach of condition etc. This is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort of Negligence and also the other consequences of breach, and also to apply the rule sand law for practical scenarios. Contents Introduction 1 Executive summary 2 Task 1: Scenario 4 1.1 Explain the importance of the essential...
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