1 Fairness of Dismissal – General Points 1.1 The ERA 1996 s98 (4) states: The determination of the question of whether the dismissal is fair or not (having regard to the reason shown by the employer) shall depend on whether: • In the circumstances of the case • Including the size and administrative resources of the employer’s undertaking • The employer acted reasonably or unreasonably • In treating it as a sufficient reason for dismissing the employee AND • Shall be determined
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Issue To prove whether Johnny is an independent contractor or employee is important because should Johnny be deemed as having an employment relationship with Autumn Fashion‚ the Fair Work Act Australia (2009) is applicable to Johnny together with all the entitlements and awards binding to it. And on regards on the verbal promise‚ it is a fact that negotiations with existing employees on the variation of the employment contract hold the characteristics of trading and commerce. Rule of the Law
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TAKE HOME FULL LENGTH TEST – June 2011 ACCOUNTS AND LAW Maximum Marks: 100 Time: 2 Hours SECTION-A Accounts Q1. The ‘going concern concept’ is the underlying basis for (a) Stating fixed assets at their realizable values. (b) Disclosing the market value of securities (c) Disclosing the sales and other operating information in the income statement (d) None of the above. Q2. Rs. 1500 received from sub-tenant for rent and entered correctly in the cash book is posted to the debit of the rent account
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The Private Movie Co.‚ Inc. v. Pamela Lee Anderson et al. 1. What are the facts? The Private Movie Company (Efraim) sued Pamela Lee Anderson for $4.6 million for walking away from oral and written contracts. The defendant (Anderson) claims to have agreed to the contracts on the stipulation that the script would be revised concerning nudity and simulated sex scenes‚ and upon reading the final script and seeing simulated sex scenes still included‚ walked out. 2. What is the legal issue? The
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company’s interest therein and to indemnify the shareholders. The Directors‚ however on behalf of the shareholders repudiated the contract for the construction of the railway‚ as being ultra-vires the company and Mr. Riche sued the company for damages for breach of contract. ------------------------------------------------- Issues The issues brought before the Court are stated as follows:- (1) Whether the corporation can enter into a transaction beyond its powers which are conferred by its charter or
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(b) If it is agreed to deliver in instalments and paid for separately‚ and either the seller makes defective deliveries‚ or the buyer refuses to take delivery‚ it would: • result in repudiation of the whole contract‚ or • it would be a severable breach giving rise to a claim for damages only. (c) It depends on the terms of the contract[s.33] • Maple Flock Co. Ltd. v. Universal Furniture Products (Wembley) Ltd. (1934) In Maple Flock Co. Ltd. v Universal Furniture Products‚ the seller agreed to
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5 . Write short notes on any three of the following. (a) “A stranger to the consideration can enforce the contract”. Explain the exceptions in the following. i- Supervening Impossibility ii- Novation (b)Anticipatory breach of Contract (c) A private company has only 2 shareholders who are also the directors with equal rights of management and voting power. The company has made large profits‚ but there is a complete deadlock in the management of the company
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replacing those who left the company; this measure as well as a raise of the salaries would have prevented workers looking for another job‚ thus it would have enhance the standard of the service as well. I regret to inform that there has been a clear breach of contract; therefore‚ our agency has decided not to renew it. However‚ and in order to avoid a massive dismissal‚ employee would have been granted a job in the prospective food service company as long as they fulfill all the requirements. Thank
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COMM 315 - FINAL EXAM REVIEW Contract of Employment: *Contract: document/understanding between two people) [2085] Employer directs/controls work (give work‚ feedback‚ job tools‚ place to work) of Employee Contractor: No direction and control‚ contractor sets his own daily schedule‚ vacation schedule‚ provides his own tools (e.g. computer) e.g. lawyer: is hired as an agent/agency‚ does not direct/control [2086] contract can be for a fixed period of time or indeterminate time (open-ended)
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6. Case study on Koufos v. Czarnikow (1967) According to Koufos v. Czarnikow (1967)‚ the Court held that a party who breaches a contract is responsible for the damages that flow from that breach if at the time the contract was formed. 7. Analysis Summary The Contractors (FOUND) may be entitled to recover the additional costs for the delay caused by adverse weather if they are able to show that had it not been for an earlier delay caused
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