He signed a document that stated if he was not performing well or his performance was unsatisfactory he would be notified and placed on a corrective action plan. This would help him understand what he is doing wrong and how he can improve to keep his job. When Pat was given notice of termination, he was not provided with a reason and was not put on the corrective action plan. This allows Pat to sue NewCorp for not abiding to the contract that was signed by both parties. Pat also has the right to sue for wrongful termination. In this legal case, NewCorp should approach Pat with an alternative dispute resolution. The ADR that should be used for this situation should be an arbitrator or work out a settlement. To avoid these types of liabilities, NewCorp should ensure their performance policies and fire at-will information is stated in their contracts and their employees are aware of the…
a legal principle by which judges are obliged to respect the precedents established by prior decisions…
Acknowledgement: These Tutorial Questions were originally devised by Martin Markovic, Senior Lecturer, Business School, University of Adelaide.…
Fundamental error- you have the right to appeal if there is a mistake, only way you can get an appeal…
Issue: the issue about company’s constitution and whether the loan contract between ABC bank and Sambal Pty Ltd is invalid.…
(a) The legal issue is can Delusions of Grandeur Ltd increases the dividend rate for preference shareholders from 7 per cent to 10 per cent immediately?…
This assignment related to the company Gemsales Pty Ltd, which is engaged in the business of importing and supplying jewellery as wholesalers to the local market. Andrew, Brian, Elizabeth, Diana and Colin were the directors of the company. The company decided that the market becoming more competitive so they need to expand its business. To achieve their target they obtained 4 million dollar loan from Friendly Bank Ltd. They spent all the money to increase their business. All the directors of the company not attended the meetings of the company. Brian and Andrew only participate in the meetings actively. At this time Brian contact with another retailer of jewellery company, victor who looking for reliable suppliers. But he would not deal Gemsales Pty Ltd because he didn’t like…
Consider comparative advantages and disadvantages of each form of association in the light of facts given.…
(e) By being signed by Mario Galli and his friend Ryan Booker (Ryan does not work for FWPL).…
"The 16th edition incorporates a number of significant recent amendments to legislation and case law. These include: Personal Property Securities (Corporations and Other Amendments) Act 2011 [...], Corporations Amendment (Financial Market Supervision) Act 2010 [...], Corporations Amendment (Corporate Reporting Reform) Act 2011 [...], Corporations Amendment (Sons of Gwalia) Act 2011 [...], Corporations Amendment (Improving Accountability on Director and Executive Remuneration) Act 2011 [...]. This edition also includes a number of important cases, the most significant of which are Morley v ASIC and ASIC v Healey, dealing with directors' duty of care." -- Back cover.…
Facts: Mick, Keith, Charlie, Bill and Brian were directors and equal shareholder of Big Lips Music Pty Ltd. Brian resigned his directorship as a result of differences with Mick, Keith, Bill and Charlie. The others wanted to get rid of Brian as a shareholder. However, Brian told them that he would never sell his shares in Big Lips Music. A general meeting of Big Lips Music’s shareholders is called at which there is a motion to insert a new clause in the company’s constitution that gives Mick, Keith, Bill and Charlie the right to compulsorily acquire Brian’s shares for their issue price. What is the process for inserting a new clause in the company’s constitution? Can Brian prevent the new clause being inserted even thought the others shareholders passed a special resolution that that effect? Required: Student 1 ‐ Advise the other shareholders of Big Lips Music (the Plaintiffs) what is the process for inserting this new clause in the company’s constitution. If they insert this new clause can they acquire Brian’s shares for the issue price? Student 2 ‐ Advise Brian (the Defendant) whether he can prevent the new clause being inserted by the other shareholders and if so how? If he can not prevent it will he have to sell his shares for their issue price? Parties The Majority Mick – Director and shareholder Keith – Director and shareholder Charlie – Director and shareholder Bill – Director and shareholder The Minority Brian – Shareholder Issues…
2. There was clearly no dissolution. The agreement provided that the partnership may only be terminated “by mutual agreement”. Hence, Morrissey’s unilateral action (resignation) is insufficient to dissolve the partnership: Moss v Elphick. Section 26 of the Partnership Act (“PA”) is applicable only when the partnership was silent on the duration of the partnership. In this instance, the agreement was for the partnership to enure for the joint lives of the parties (unless terminated by mutual agreement). Section 32(1) (c) is also inapplicable since the parties had indicated that the partnership was to be determined by “mutual agreement”, hence subjecting it to a contrary intention. Thus there was no dissolution of the partnership…
The information revolution and the advances in technology during the past decades has brought to fore many challenges and issues to both governments and businesses, the age-old crime of espionage or the practice of spying to gather secret information is one the most potential issues facing information-based societies. Although, much has been documented as fact and fiction concerning the traditional foreign agents and spies, in today 's world of multi-national, multi-billion dollar corporations, and industrial espionage is a growing danger. Furthermore, this is aggravated by the fact that many large businesses are physically disseminated which has distributed management and administration, and more job specialization.…
The introduction of school uniforms in the public school system would make a positive change for the students and the entire school. A common argument today is whether uniforms should be introduced to the public school system. I agree for many different reasons. The main reasons for having uniforms are that it would prevent bullying, create more school pride, and make school a better learning environment.…
If you are a teenager then you have heard that the music of today is trash and it will never compare to the music of the past. What makes our music so much worse? The songs are saying the exact same thing. What is the difference between music now and music then? As I listen to the music of the past, I notice that their way of presenting the music differs from music today. The way they used words were masks for what they were actually saying, but now artists say exactly what they mean.…