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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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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Employment-at-Will Exceptions Paper HRM 546 1. How is employment-at-will applied in your organization or in one with which you are familiar? To what extent do the exceptions to employment-at-will limit its application in the organization? How might managers in the organization use knowledge of employment-at-will and its exceptions to protect the interests of the organization? An employment-at-will relationship where there is no contractual obligation to remain in the
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Unpaid Employment law Seminar 1- 15/09/09 Introduction Why are you doing employment law? Are any of you employees? If so‚ what kind of employee are you? Are any of you contractors? What is employment law about? Is it about rights‚ duties‚ powers or liabilities of employees or some or all of them? Is it about ensuring employers know where they stand so that they can get on with maximisation of profit? The cost effect/analysis of employment law Employment law as a means of regulating the
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why should you at least consider those statutes? Mention at least two 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
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organisation’s employment policies and procedures that guide you in good employment practices. (The statutory requirements and organisational policies should include the employment relationship‚ discrimination at work and fair employment) Briefly explain why diversity is important in your workplace and the consequences of not complying with diversity policies. The main provisions of statutory requirements for the employment relationship‚ discrimination at work and fair employment. The main legislation
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Employee Training and Career Development Paper HRM 300 September 5th‚ 2013 Employee Training and Career Development Paper Training and development programs help increase both morale and performance of the workforce. By adding job relevant training programs will send a message to employees that professional development is a top priority within the corporation. The initial and ongoing training of an employee assists to improve their skill set‚ learn new technology increases
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This file of HRM 300 Week 3 Employee Rights Review shows the solutions to the following problems: Refer to the University of Phoenix Material: Equal Employment Opportunity and Employee Rights Review located on the student website‚ for List A and List B. Use the lists to complete the assignment. Select two laws from List A and one law or issue from List B. Write a 1‚050- to 1‚400-word paper addressing the following: Business - General Business 1. Learning Team Assignment:
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The following information is advice for Mr Murray Kapp in regards to whether Mr Bob Mann of Weimar Investments Ltd is vicariously liable for the negligent conduct of Mr Barrie Bauer. In order for liability to exist‚ the contract between Mann and Kapp must be a contract of service (rather than for). To determine this‚ there are multiple legal tests that should be considered including‚ the ‘control’ test‚ the ‘organisation’ test‚ the ‘business’ test and finally the ‘multifactor’ test. The Control
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1. Which laws/ regulations are important for an international employee? The same regulations which are valid for national employees are also justified for the international employees. Only international employees need to have a working permit. And for the international employees also applies a compulsory identification. This means that the international employees always should be able to identify themselves during working time. 2. Which laws/ regulations are important for a national employee
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