Bullying in the workplace Workplace bullying is any form of abuse; physical, verbal, psychological or social that is inflicted upon an individual by an employer, employee or group (Australian Human Rights Commission 2011). Methods of bullying include repetitive inappropriate comments (i.e. about one’s background, appearance, gender, culture, sexuality) sexual harassment, intimidation, exclusion, physical assault and threats. In particular instances such as stalking, assault and threats, bullying
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EGLIGENCE: P can successfully sue D for common-law negligence if she can prove four elements: (1) duty of care; (2) breach of the duty of care; (3) causation; and (4) her damages, injuries or losses are not too remote. (1) Duty of care (DOC):Did D owe P a DOC? (consider RF type of person) PHYSICAL INJURY:P suffered physical injury, so we apply the Lord Atkin’s ‘Neighbour Test’: : which is we owe a duty of care to people who are so closely and directly affected by my act or omission that, as a reasonable
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negligence? Negligence is the breach of a legal duty of care which causes loss or injury to the person to whom the duty is owned. There are three elements of an actionable negligence: 1. duty of care 2. breach of duty 3. damages resulting from that breach 1) Duty of care • Relational Proximity (neighbour = someone affected by your act) • Forseeability (any considerations that ought to reduce the scope of duty of care) • Whether is all circumstances
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a debtor-creditor relationship arises when the parties enter into a contract that provides for the creditor to advance funds to the debtor and requires the debtor to repay that principal amount with specified interest over an agreed-upon time. Suretyship-pledge or guaranty to pay the debt or be liable for the default of another Surety- obligor of a suretyship; primarily liable for the debt or obligation of the principle debtor Obligor-promisor Guaranty- agreement or promise to answer for
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Employment Law at its Best Delilah Sweetbriar’s ever-changing specifications of her workplace environment, and consequently her ability to perform the necessary duties of her job, have put Vic Cranker and Acme Loans into a serious predicament of whether or not to fire Delilah. Mr. Cranker must be aware of everything concerning employment law, whether he is legally permitted to fire Delilah or whether her ever-changing specifications are acceptable (by which Mr. Cranker would be legally irresponsible
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Contractor Employee – If the employer exercises a considerable amount over the details of the work, you have an employee status. If the work is usually done under the employer’s direction, you have an employee status. The employer supplies the tools. If the person is employed for a long period of time, you have a employee status. If the method is by time period, you have an employee status. An employee may not require as much skill as an independent contractor. * Employer exercise a considerable
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strategic and operational perspectives. 2. Duty of care: is a legal obligation which is imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. Company
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Business Start Up: A study of the flow into and out of self employment. Department of Employment Research Paper no 71) Determining whether a worker is an employee or not is the first action of any court during a tribunal. This is very important as employers have a large amount of liabilities to their employees, but not to their other workers, for example self employed or sub contractors. Certain laws are dependent on the nature of the employment for example The Working Time Regulations 1998 (2002 IRLR
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very broad subject that covers all areas of relationships between employers and employees. Employment law creates rights and responsibilities in the employment relationship. Creating, maintaining, and termination of employment are three of the most common tasks between an employer and their employees. Creating employment is comprised of the recruitment and selection of candidates that may exude the qualifications set forth by the employer. Once employment has been established, the employee may enter
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enough coverage to protect the average worker and should be changed. A woman walks into her human resources office crying, asking to speak to someone. She is currently on FMLA leave to care for her sick child who has been diagnosed with leukemia. She is a single parent with two other children at home to care for as well. Even with insurance coverage, the bills are mounting because FMLA is unpaid and she has exhausted all of her personal time off (PTO). With her steady income cut-off, she is
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