Business Law Notes! ! 1. Employment! Definitions:! Employee‚ Employer‚ Contract‚ Contract of Employment‚ contract of service‚ contract for service! ! Cases:! Ferguson v John Dawson & Partners 1976! - Builder Labourer - no deduction of NIC and Income Tax - worked as self-employed contractor! - employer could dismiss‚ decide on which site to work and direct him about the work - provide tools! - Injured - resultantly sued employer on the basis of his legal duty as employer! - Decision
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04-Feb-0 Contract of Employment: Civil code has ~3300 articles‚ contains all civil/general laws of Quebec. Contract[1] of Employment is a portion of the code. [2085] “what it’s all about.” An employee: Contractor: No direction and control‚[2] contractor sets his own daily schedule‚ vacation schedule‚ provides his own tools (e.g. computer)‚ is able to subcontract work. o e.g. lawyer: is hired as an agent/agency‚ does not direct/control • Important to specify between the
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CONTRACT OF EMPLOYMENT This Agreement is entered into this 09th of February 2011 by between. New Life Pharmaceuticals Inc. PHILIPPINES‚ a corporation duly organized and existing under the laws of the Republic of the Philippines with office address at the 2667‚ Honduras Street Batangas Cor. Brgy. San Isidro Makati‚ Philippines‚ as represented by its General Manager Sreedhar Nagarajan hereinafter referred to as the “EMPLOYER”; -and- Sandeep Toshkani Indian of legal age‚ currently residing at
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Part A- Different types of industrial action Employment relationships within the dynamic Australian workplace involve association of employers‚ employees‚ unions‚ employer associations and government organisations. Individual stakeholders possess different prospects and opinions‚ when interacting; conflict may occur as a result of an inability to reach an agreement. Industrial conflict is the dissatisfaction of employers and employees regarding matters in the workplace. Retaliation by shareholders
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the Anderson Cost Club‚ my thoughts are as follows. The GM at the Anderson Cost is incorrect in saying that we as a company can discharge employees without a reason. There must be a legal reason for the discharge. Now‚ there are exceptions to the employment at will doctrine. The exceptions are as follows: 1. Bad faith‚ malicious termination in violation of public policy‚ 2. Termination in breach of the implied covenant of good faith and fair dealing. 3. Termination of an implied contract term 4. Violation
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Essentialia The contract of employment is an agreement between two parties in terms of which one party (Mr. Phage) places his labour potential at the disposal and under the control of the other party (Lifeline services)‚ in exchange for some form of remuneration. From this definition‚ it is clear that the essentialia of a contract of employment are 1. Work and 2. Remuneration. This contract does not meet the requirement for work because even though an ambiguous job title of ‘General Worker’
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Issue 1. Did ABC advertising discriminate against Jean on the basis of sex when they failed to promote her? 2. Did ABC discriminate against Jean because of her religious beliefs and practices? 3. Did ABC discriminate against Jean because of her national origin? Brief Answers 1. Ms.Riyadh has not proved enough evidence to conclude that ABC discriminated against her because of her sex. 2. Yes‚ Ms. Riyadh has some strong evidence that a reasonable jury might conclude that
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ESSAY PLAN Topic: Has Managerial Prerogative gone too far? Summary of Argument Employment relations legislation has undergone a number of significant transformations over the past decade due to changing government (Loudoun‚ McPhail‚ & Wilkinson‚ 2009).While the original legislation passed had increased managerial prerogative and reduced employee’s rights‚ the most recent changes have endeavoured to restore the balance of power (O ’Neill & O ’Neill‚ 2010). Industrial relations plays a vast part
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Employment Dynamics Sayyed Muhammad Ahmed Dabir BU7025 - Employment Dynamics University Of Chester Employment Dynamics Internal control mechanisms have a more important role to play within the modern workplace than external control mechanisms. In fact‚ internal controls play a very important role in any organization’s business and financial policies and processes. Internal controls comprises all the steps considered by the management of organization in order to (Pfister‚ 2009);
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How would you characterise employee representation in the UK workplace? To what extent do you agree with the argument that the UK is ‘lightly regulated’ in this regard? Introduction This paper seeks to analyse the characteristics of employee representation in the UK and concerns about is the UK ‘lightly regulated’ in regard of the employee representation. Employee representation can be known as the right of workers to seek a union or an individual to represent them to negotiate with their organizations
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