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 contractor); and 2. The defendant committed the wrong in the course of his or her employment. First‚ the court
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a covenant in their employee contracts. If the defendants were to be found guilty then the consequences would be an oppressive and unfair scenario. Therefore‚ the motion for preliminary injunction was denied in favor of the defendants. Facts: The defendants‚ upon being hired by Russell‚ entered into contracts which contained three relevant covenants in this case; not to compete with the plaintiffs‚ not to solicit the plaintiff’ customers‚ and not to disclose the plaintiffs’ confidential information
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EMPLOYMENT ISSUES The Workplace Types of Employment Employee – Someone who works for another or for an organisation and is paid with a wage or salary Employer – A person who organisation who hires others (employees) to work for them and pays them Self-employed – Those who operate their own business and sell goods or provide services Casual Employment – When an employee works irregularly for an indefinite period of time and is paid on an hourly basis Part-time Employment – When an employee
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Employment Tribunals Employment tribunals‚ formally known as industrial tribunals have been around for the past 35 years. Industrial tribunals became known as employment tribunals as a result of the Employment Rights (Dispute Resolution) Act 1998. Industrial tribunals were created by section 12 of the Industrial Training Act 1964 and not‚ as many think resulting from the Donovan Commission. At that stage the Government were concerned by the levels of unofficial strikes and wage inflation.
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Dear Reinstatement committee‚ I would like to appeal my academic dismissal from University of Maryland University College (UMUC). I was not surprised‚ but I was unhappy to receive a letter after the spring 2016 semester informing me of my dismissal. I would like to urge you to reinstate me for the fall 2016 semester. I acknowledge‚ I had a really hard time last semester‚ and my grades suffered as a result. I don’t want to make excuses for my horrible college performance‚ but I want to explain the
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Employment-At-Will Doctrine Professor Thomas Demko‚ Strayer University LEG500‚ Assignment 1 October 30‚ 2013 Assignment 1: Summary of Employment-At-Will Doctrine The famous philosopher James Allen inspired the society by his writings satisfactory performance to be rewarded with job security‚ in early 20th century. The US courts regarded relationship of employer and employee as being on equal footing for bargaining power. However‚ jobs were terminated
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I feel that this is unfair because the most qualified people should receive the job or position that they applied for. One student in the video made a statement that stayed with me. He quoted Dr. Martin Luther King‚ Jr. on saying “I look to a day when people will not be judged by the color of their skin‚ but by the content of their character”. This holds true on the case of affirmative action. To me this means that people should be judged and
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Section A 1. BATNA (Best Alternative To a Negotiated Agreement) is a term developed by Roger Fisher and William Ury of the Harvard Negotiation Project. In the absence of a deal‚ it is the preferred course of action you should take. It ’s a hefty concept that can make your negotiations more successful‚ especially when the other side is more powerful and/or has a stronger bargaining position. You negotiate to obtain something from another party that is more valuable than what you get by not negotiating
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the first year and P317‚000 for the second and third year of the Agreement. ABS-CBN would pay the talent fees on the 10th and 25th days of the month. On 30 April 1996‚ SONZA filed a complaint against ABS-CBN before the Department of Labor and Employment‚ National Capital Region in Quezon City. SONZA complained that ABS-CBN did not pay his salaries‚ separation pay‚ service incentive leave pay‚ 13th month pay‚ signing bonus‚ travel allowance and amounts due under the Employees Stock Option Plan
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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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