Human Resources Management As an HRD Manager what steps you will initiate before dismissing a workman found guilty of misconduct where there is the presence of a strong employees union. Union or no union‚ any employee at any level within an organization‚ should not be spared for misconduct and appropriate action should be taken as per the organization’s policies and principles. Having said that the employee in question should be given ample scope‚ support and assistance to defend his or her
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DUTIES OF AGENT TO PPRINCIPAL Agent’s duty in conducting principal’s business 164. An agent is bound to conduct the business of his principal according to the directions given by the principal‚ or‚ in the absence of any such directions‚ according to the custom which prevails in doing business of the same kind at the place where the agent conducts the business. When the agent acts otherwise‚ if any loss be sustained‚ he must make it good to his principal‚ and‚ if any profit accrues‚ he must account
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The aim of tort law is to compensate the claimant and to deter defendants’ discuss whether the rules of causation and remoteness of damage fulfil this aim. The rules of causation state that the claimant has to prove that the defendants breach of duty was the factual cause of material damage‚ when considering the facts of Barnett v Chelsea & Kensington Hospital Management Committee (CKHMC) where the claimants husband became ill after drinking tea which had arsenic‚ when taken to hospital‚ the doctor
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The issue of this case is whether Freeze Bhd. (FB) has acted as an agent of necessity in the situation and qualified to claim for warehouse storage charges from Nice to Eat Restaurant (NER). Section 142 Contract Act 1950 states‚ “An agent has authority‚ in an emergency‚ to do all such acts for the purpose of protecting his principal from loss as would be done by a person of ordinary prudence‚ in his own case‚ under similar circumtances.” According to Section 142‚ an agency by necessity may arise
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“The decision in the American Cyanamid case is a complete breakaway from the settled principles upon which an application for an interlocutory injunction is granted”. Critically examine this statement. An interlocutory injunction is an equitable remedy‚ which temporarily prohibits the defendant‚ from continuing a particular activity. The purpose of this injunction is to maintain the status quo or preserve the subject matter so that no permanent harm is done to the rights of the applicant before
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01. The petitioner has filed present petition under Section 13 (1) (i-a) & (i-b) of the Hindu Marriage Act for getting divorce. 02. In short‚ it is a case of the petitioner that the marriage of the petitioner and respondent had taken place on 16/02/2005 at Parli Vaijnath‚ Tq. Parli Vaijnath‚ Dist. Beed as per Hindu rites and rituals. The marital relationship between the parties is still in subsisting. After marriage‚ the respondent came to the house of the petitioner at Parli Vaijnath for cohabitation
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Murder Defences – Loss of control However‚ as a partial defence to the murder charge (Defendants name) may be able to raise the defence of loss of control. Loss of control is a special defence to murder and aims to reduce liability to voluntary manslaughter. The law is set out in S54 of the Coroners and Justice Act 2009. There are three requirements to loss of control. The first requirement is for the defendant to prove that ‘the killing must have resulted from a loss of self-control’. The loss
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The assumption standard does not meet modern pleading standards because it allows plaintiffs to present a claim that is missing an essential element of due process. An initial question is what are modern pleading standards? Pleadings standard in the modern era have become stricter and require plaintiffs to show more than they might have in the past. In two cases‚ Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly ‚ the Supreme Court expanded the scope of pleading requirements. The Supreme
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(a) A parent‚ guardian‚ or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child’s health or well-being is jeopardized. (b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive
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ii. Hypothetical 2: Accident at the gun range—P v. DC Shooting Range FACTS: Plaintiff sues DC Shooting range‚ where he is a regular‚ for its failure to prevent X‚ a high-ranking member of the gun-owner’s association affiliated with DC Shooting‚ from entering the range with a gun despite under the influence of alcohol‚ causing him to carelessly handle his weapon and accidentally shooting Plaintiff’s arm. Plaintiff built his prima facie case by alleging that on the day of the incident‚ defendant’s
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