Consider whether the current law in Australia in relation to pickets is too harsh. Introduction The power dynamic within employment relationships has a direct bearing‚ and often can be decisive in the outcomes of industrial disputes. Indeed‚ the ability of employees to effectively negotiate agreeable working conditions is dependent upon their actual or perceived ability to withdraw their labour. A powerful form of industrial protest available to employees and trade unions is the picket line. This
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------------------------------------------------- Foss v Harbottle Foss v Harbottle (1843) 67 ER 189 is a leading English precedent in corporate law. In any action in which a wrong is alleged to have been done to a company‚ the proper claimant is the company itself. This is known as "the rule in Foss v Harbottle"‚ and the several important exceptions that have been developed are often described as "exceptions to the rule in Foss v Harbottle". Amongst these is the ’derivative action’‚ which allows
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Equal Inclusion Case Law AED/204 July 26‚ 2013 Vicki Kugel-Brandt Equal Inclusion Case Law In the earlier days women and African Americans had no rights to school‚ work or any other type of socialization. They were brought into slavery‚ housewives and had no rights as an individual. This included people with disabilities (even those with MMR classification) because they were‚ “viewed as nonproductive and expandable.” (Gollnick & Chinn‚ pg. 181‚ 2013) The rights we have today as women
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African Consolidated Resources Plc and Others Minister of Mines and Mining Development and Others (HC 6411/07) [2010] ZWHHC 86 (6 September 2010) Download original filesPDF format RTF format | | Bookmark/share this page | [Context] [Hide Context] HH 205-2010 HC 6411/07 IN THE HIGH COURT OF ZIMBABWE HELD AT HARARE In the matter between:- AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS
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Apand Pty Ltd (1999) has been important cases in the history of Tort Law. Negligence is a complex term including advertent and inadvertent acts and omissions where there has been a failure to take reasonable care to prevent loss‚ damage or injury to others whom they could reasonably have foreseen might have been injured if that care was not taken. (Pentony at al. 2011) There are different categories of negligence and the one concerning the above mentioned cases is Pure Economic Loss. A claim for ‘pure’
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Issue The challenge in this case is to make a decision whether the book written by David is legitimately legal does not against the copyright of earlier published articles‚ or it is classified as an infringement work that copy the existed paper. Rules This particular case concerns about intellectual property law that emphasize on copyright law protection. Copyright is the exclusive rights to protect the original work from copied by the other people. The law of copyright does protect the expression
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The preliminary issue in the question is fast food restaurant is vicariously liable for the Cathy’s negligence. Since the concerns about the law of tort‚ the following analysis will focus on the possible tortuous liability instead of the potential breach of the contractual obligation and the criminal acts. In principle of vicarious liability‚ to make an employer liable for a wrong committed by an employee‚ the plaintiff must establish that: 1. defendant is an employee ( as opposed to an independent
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their ordinary‚ dictionary meaning‚ with no exceptions. Lord Esher stated in R v Judge of the City of London Court (1892) that this should be done even if it leads to a ’manifest absurdity’. Judges who follow this rule‚ only apply the law and do not try to interpret the law. Advantages • Provides the will of parliament • Maintains the separation of powers • Encourages consistency Disadvantages • Harsh results • Absurd results • Rigid/ mechanical • Defeats parliaments intentions - Whiteley
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These condition can refer to the acute kidney diseases and disorders. In AKI‚ there are three important factors that needed to be considered. For instances‚ the kidney function estimation‚ fluctuations in the creatinine production and fluid balance. A study conducted by Jelliffe et al. (2002) found that in AKI‚ the function of the kidney is in non-steady state. Hence‚ the Jelliffe equation was created in order to estimate the glomerular filtration rate in this non-steady-state kidney function. In the
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Facts: A Case of Cold Pizza Lee Chambers‚ the Defendant was driving 10 km over the speed limit while making pizza deliveries using the company van. To avoid hitting a dog‚ he had incidentally skidded sideways on a patch of ice and crashed into another vehicle. Alice White‚ the plaintiff who was not wearing a seatbelt at the time had suffered numerous injuries. The Plaintiff had sued Lee Chambers and Vinnie’s Pizza Ltd. for general and special damages along with cost of car repairs‚ and loss of
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