considering also any relevant defences which could be argued and giving full legal reasons from the relevant facts. Such advice as will be given is made in consideration of the legal principles set out below. Vicarious Liability This concerns an employer’s liability for the tortuous acts and omissions of employees. [1] An employer is vicariously liable for wrongful acts done by the employee in the “scope of their employment”[1] [2] If a wrongful act of an employee has been authorised
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position duties, is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA). "With few exceptions, to be exempt an employee must, be paid at least $23,600 per year and be paid on a salary basis, and also perform exempt job duties. "An employee who meets the salary level tests and also the salary basis tests is exempt only if he or she performs exempt job duties. These FLSA exemptions are limited to employees who perform relatively high-level work. Whether the duties of a particular
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take reasonable care which causes harm to a plaintiff’ protected interests. Now, wrongful or careless behaviour is not always actionable in negligence. The defendant will only be liable if the plaintiff can prove that three essential requirements are satisfied: Three essential requirements that must be satisfied in order to establish liability in negligence: (a) That the defendant owed the plaintiff a duty of care * Pre – existing relationship will create a duty of care. OR *
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Hassan Refaat Hassan Module title: Organization and the Environment Module Leader: Don Entwistle Foundation Degree Sport and Fitness Management Y2 Introduction Leisure industry is one of the major industries both in Britain and worldwide. Many scholars and academics regard leisure industry as the most important industry of the future. We often read in the financial pages of newspapers phrases such as "the leisure explosion" or "the leisure boom" , confirming that
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The Strict Liability Theory Introduction Strict Liability in simplistic terms can imply an individual or company being liable for their deeds, conducts and outcomes that result in damages to others. A personal complaint of injury for a strict liability case is not as a consequence of a foreplanned action or careless deed (Boatright, 2012). The respondent's action should have triggered strict liability and that the complainant suffered harm. In fact, one cannot understand what strict liability
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The What, Why, How, and Who of the Family Leave and Medical Act Douglas E. Jones MGMT 5843 Current Issues in Human Resource Management Abstract The Family Leave and Medical Act is one of the acts approved by Congress to allow for an employee to have a certain amount of time to deal with a medical emergency. In this informa-tional paper, I will discuss the 4 major reasons for implementing of the FMLA. I will begin with what is FMLA, that is a thorough definition of FMLA and
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parents in the story, I have, at times, allowed the outside world negatively impact my place in my child’s life. I have too often placed work as a priority over my family, keeping long and unusual hours, and depending on others to pick up my slack and duties with my child. My particular
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occupational health programs; * managing stress; preventing accidents; * measuring health and safety performance; * communicating the need for good health and safety practices; * training in good health and safety practices; . The employer’s duty of care includes providing: * a physical and psychosocial work environment without risks to health and safety; * safe systems of work; * information, training, instruction or supervision necessary to protect all persons from risks to their
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moral problems – should be left to governemtn Director/Officer “Duty of Due Care Standard” in the Business Judgment Rule Statutory duty to act: 1. “In Good Faith” – NO SELF INTEREST 2. “With Care of an ordinarly prudent person” BE INFORMED 3. “In manner reasonably believed to be in best interest of corporation” Comparison to a Professional’s “Duty of Due Care”: 1. Duty of Care 2. Breach of duty of care by a reasonably prudent professional 3. breach causes damages
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time, for any reason (other than an illegal reason), and the employee can resign his or her employment at any time, for any reason. Employers generally include at-will employment context in employee handbooks to analyze that, by setting forth the employer’s policies in writing in a handbook, no clear or hidden contractual claim or privilege arises to employment for any duration. These limitations also usually state that the at-will employment relationship can only be adjusted by a written contract
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