(Public Service Employee Relations Commission) v. British Columbia Government Service Employees’ Union (1999) SCC 48‚ known as Meiorin for short‚ created a unified test to determine if a violation of human rights legislation can be justified as a Bona Fide
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Employment Law Compliance Plan Kyle Stewart HRM/531 Dec. 20/2014 Dr. Kristine Pak MEMORANDUM TO: Traci Goldman FROM: Kyle Stewart DATE: 12/20/14 Subject: Employment Laws In response to your request I was able to create an employment law compliance plan for a Mr. Bradley Stonefield. Mr. Stonefield is planning to open a limousine service in Austin‚ Texas. The first year plan is for 25 employees. This memo will examine the employment laws and how they are applied. In addition‚ the penalties
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‘The director of a company owes a fiduciary duty to the company’. Do you agree with this statement? Introduction A company is a distinct legal entity created by statute. Companies have many of the same legal rights and obligations as do individuals. They can own and sell property‚ they can hold profits or acquire debts‚ they can enter into contracts and sue or be sued‚ and governments can tax them. Companies are advantageous primarily because they become legal entities that are separate and
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have listed other traits as “protected classes‚” including the following: The Age Discrimination Act of 1967‚ prohibits discrimination against persons over age 40 and restricts mandatory retirement requirement‚ except where age is a bona fide occupational qualification[3]; The Americans with Disabilities Act of 1990 requires employers accommodations for individuals with disabilities or are thought to possess‚ a wide range of disabilities‚ ranging from paraplegia‚ Down Syndrome to autism. However‚
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agency -relationship that exists between a person identified as a principal and another by virtue of which the latter may make contracts with third persons on behalf of the principal. (Parties—principal‚ agent‚ third person) agent- person or firm who is authorized by the principal or by operation of law to make contracts with third persons on behalf of the principal. apparent authority- appearance of authority created by the principal’ words or conduct. attorney in fact -agent authorized to act
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Chapter 2: List for Basic Rules of Trusts: Property‚ Obligations and trusts 1) Equitable title exists whenever equity will require the legal owner of property to hold the property for the benefit of some other person or group of persons (which group may include the legal owner himself.) 2) Cestuis que trust=beneficiaries 3) Settlor and trustee can be the same person. 4) Settlor and beneficiary can be the same person. (Settlor can convey property to a trustee on trust for himself.) 5) Express
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Employment Discrimination Issues LAW/531 July 11‚ 2011 Employment Discrimination Issues According to Cheeseman‚ 2010‚ “prior to the passage of major federal antidiscrimination laws in the 1960’s‚ much discrimination in employment existed in this country. In the 1960’s congress enacted several major statutes that outlawed employment discrimination against members of certain classes. These federal laws were instrumental to providing equal opportunity in employment in this country
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Affirmative Action In the Human Rights Act‚ Chapter 214 of the revised statutes‚ 1989‚ it states that "in recognition that human rights must be protected by the rule of law‚ this Legislature affirms the principal that every person is free and equal in dignity and rights without regard to race‚ religion‚ religious creed‚ colour‚ sex‚ physical or mental disability or ethnic or national origin." Unfortunately though‚ sometimes this law is not always abided by. Women‚ aboriginal people who are physically
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Title VII for gender discrimination. Title VII laws regarding gender cover the full scope of the employment relationship which describes that gender may not be the basis of any decision related to employment unless gender is used as a bona fide occupational qualification (BFOQ). Customer preference is not a legitimate and protected reason to treat otherwise qualified employees differently based on gender. Additionally‚ allowing the female employee to assist the customer over the male employee would
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Overview Overview Section 1877 of the Social Security Act (the Act) (42 U.S.C. 1395nn)‚ also known as the physician self-referral law‚ or Stark Law‚ intends to prevent the misappropriation of or over utilization of healthcare that could result from incentivized diagnostic ordering protocols that may be a direct result of financial relationships that could influence healthcare decisions. The law is named for its author‚ United State Congressman Pete Stark‚ a Democrat from California‚ who authored
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