Part A Question: “English courts consider substance and not form when determining employment status.” Critically discuss this statement in the context of Employment Law‚ with particular (but not exclusive) reference to “sham” contracts. Today‚ many would agree with this statement as an employment status has become a question of fact rather than a question of law. However‚ it was clear that the preferred view taken by the courts after Lord Griffiths’ famous comments in Lee Ting Sang v Chung
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Understand employment responsibilities and rights in health‚ social care or children’s and young people’s settings Task A – Short Answer Questions Ai: Imagine you are a newly appointed supervisor/manager within your service. You need to update your staff handbook to reflect current employment law. Identify three different sources of information you could use to enable you to do this. Once you have identified a reliable source of information: Aii a) List three aspects of employment covered
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Understanding employment responsibilities and rights in health‚ social care or children’s and young peoples settings Task D presentation or report Winterbourne view is a highly publicised instance where things can go drastically wrong when all organisations that are responsible for the welfare of vulnerable people do not communicate with each other or follow up reports or concerns. In October 2010 a charge nurse raised concerns with the hospital and his allegations were passed onto south Gloucestershire
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statutes and why you believe they might be relevant to the fact scenario. (2 marks) Hint: the common law is not a statute. The legislations that should be considered when evaluating the above scenario are the Ontario Human Rights Code (OHRC)‚ the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). I believe that the OHRC is relevant to the above scenario because if an employer has decided to terminate someone for just cause‚ they must ensure that they are not violating
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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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FIVE EMPLOYMENT LAWS IN OMAN Issued in accordance with the Sultan ’s Decree no. 35/2003 Oman is extremely peaceful in labour relations. The Omani Employment / Labour Law cover both private and public sector employers and employees. The permission to employ expatriates is given by the Ministry of Manpower‚ upon the employer’s request. The request should clearly specify the designation and the qualifications of the expat and the medical fitness of the employee. (RSM International‚ 2011) 1) Basic
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What is employment-at-will and whistleblower policy? This paper will provide a better understand of what these policy is and how each could apply to the relationship of employer-employee in the work force. The employment-at-will doctrine avows that‚ when an employee does not have a written employment contract and the term of employment is of indefinite duration‚ the employer can terminate the employee for good cause‚ bad cause‚ or no cause at all.[1] Employment-at-will doctrine consisted of three
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trade is a legal device to attempt to hold the balance between two competing factors - an employee’s freedom to take employment as and when he wishes‚ and an employer’s interest in preserving certain aspects of his business. Both factors are important‚ and indeed the law will protect the employer if necessary by the implication of the term fidelity in the contract of employment thereby restraining the employee inter alia from divulging confidential information. However‚ the employer may wish
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Nestlé - The Employment Relationship TABLE OF CONTENTS 1 Introduction 2 What is the employment relationship? 3 The importance of the employment relationship 4 Changes affecting the employment relationship 4.1 HRM vs. IR (Pluralist vs. Unitarist) 4.2 Globalization 4.3 Advances in Technology 4.4 Diverse Workforce 4.5 Restructuring and the Decline of manufacturing 4.6 Trade unions decline and marginalization 4.7
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The Impact of Student Employment June 8‚ 2009 - 3:00am By Doug Lederman ATLANTA -- The idea that college students who work on the side are at a disadvantage is almost quaint. Not because there’s no evidence that spending many hours on things other than academics can impair students -- such evidence does exist -- but rather because the days are long past when many college students had a choice but to work. As tuitions have risen and more and more undergraduates are enrolling later in life‚ nearly
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