1.0. INTRODUCTION The term ethics comes from the Greek word “ethos” which mean character or attitude and personality. Some philosopher defined that ethics as one of the research towards morality and some said that ethic is also the behavior principles that control the individuals or profession as a standard in making decision or action. For the technocrat group, ethics is linked with study on standard of morale issue. Ethics played an important role in a person life because ethics really show the
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INTRODUCTION The law on employment contracts in Zambia is governed by the established English law of contracts and Statute, the Employment Act. To be legally binding a contract of employment must therefore fulfil all the normal contractual requirements. (A) DETERMINATION OF THE EXISTENCE OF A CONTRACT OF EMPLOYMENT AND TERMINATION In order to determine and delineate employees from other contractual relations, the courts have devised tests to help identify employees: 1. THE CONTROL TEST This
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evaluate regarding the matter are: What if provided references are misleading? Can an employer be sued for exercising negligence in referring an unfit employee who harms or show foreseeable possibilities of causing harm on a new job? Who bestows the duty of care? What was the legal issue in this case? The legal issue in the case of Davis v the Board of County Commissioners of Doña Ana County involved the misrepresenting of referral information of a previous employee, Joseph Herrera. Herrera was
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built on a property previously attained under the business partnership. Unfortunately, the property contains toxic waste, an issue that Bradley had prior knowledge of and failed to convey to his partner, Ashley. In this case, Bradley infringed the duty to inform. According to UPA Section 20, partners have the right to all information pertaining to the business or anything that may affect the business. Since Ashley and Bradley are general partners and co-owners they reap the benefits but are also
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referral (misrepresentation)? The court concludes that Doña Ana County could be held liable for negligent referral (misrepresentation) because of the positive references. Herrera acquired a position as a mental health technician at a psychiatric care hospital. Roughly six weeks later, he sexually assaulted and physically abused a female patient. Relying in large part on Randi W. v. Muroc Joint Unified School District, 14 Cal.4th 1066 (1997). The former employers had unconditionally praised
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employees. First, I will discuss the legal issue in the case. Secondly, I will explain why the court concluded that Dona Ana County should be held liable for negligent referral.. Thus, I will explain why it should have mattered that the former employer’s investigation was not able to confirm all of the allegations against Herrera. Finally, this paper will discuss the practical implications that the decision held, and if I am convinced by the court’s claim that this ruling should not make employers
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1) The defendant owes a duty of care to the plaintiff. Means-a person has a legal obligation to take care when he can foresee a loss occurring if he acts carelessly. The duty of care is owed to one’s neighbour (neighbour principle in Donohue --v- Stevenson case) – ie those person that are or should be in the contemplation of the defendant as likely to be affected by the defendant’s act or omissions. 2) The defendant was in breach of the duty of care. In determining
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1 Assignment #3-Employer’s Duty of Care Andrea Williams-Weston Strayer University LEG500-Business Law, Ethics & Legal Governance Dr. Boneita Campbell, Professor May 15, 2011 2 1. Explain whether Jake’s actions are in or out of “his scope of employment.” “Scope of employment is defined as actions of an employee
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Employer’s Duty of Care Anthony Fowler Norfolk State University Law, Ethics, and Corporate Governance-LEG 500 September 11, 2012 Professor Robert Moore, J.D. Employer’s Duty of Care Explain whether Jake’s actions are in or out of “his scope of employment”? Scope of employment are the activities of an employee that are in furtherance of the duties that are owed to an employer, where the employer is or could be,
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subjected to retaliation after he rejected her advances. He alleges that during Sparks' visits to the Seattle office, she repeatedly flirted with him and made inappropriate comments-such as “[y]ou need somebody that's older and more stable that can take care of you.” Leo Elbert, another employee at KSTW, stated that Sparks would “camp out” in Hardage's office, kick back in his chair with her feet on his desk, and smile and giggle in a flirtatious manner. Hardage asserts that he never flirted with Sparks
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