reported the matter to the police on 19 July 1984‚ after grievance meetings failed to resolve the controversy. A criminal complaint was filed against GOMEZ‚ but the investigating fiscal dismissed the same saying that STARLITE failed to establish a prima facie case against GOMEZ. On 13 August 1983‚ private respondent GOMEZ filed a complaint for illegal dismissal against STARLITE. After the parties submitted their respective position papers‚ the Labor Arbiter rendered his decision on 15 January 1985 dismissing
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appears intuitively practical and convincing as it favours the dismissal of many types of discrimination based on innate characteristics such as gender and ethnicity. However‚ it can have radical consequences deeming it far less attractive than its prima facie appeal. Singer’s moral concepts and ideologies have often been termed useful for normative ethics as they are founded on presumptions that are simple and universally acknowledged (Schaler‚ 2009). Nonetheless‚ I will explain how the principle of
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creating the new common law of negligence in which manufacturers who fail to observe a duty of care are responsible to consumers who are harmed from the use of their products‚ even without any contractual agreements. Here‚ it can be said that prima facie‚ the doctrine of stare decisis was not closely followed and new precedencies were made‚ moving on with the new times. As summarised by Lord Wright‚ "... a rigid method of precedent is inappropriate to the construction of a constitution‚ which has
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TO: Greene’s Jewelry Wholesale FROM: Alyssa Ascher DATE: April 16th‚ 2017 RE: Greene’s Jewelry Wholsale – Wrongful Termination of Employee and Employee Breach of Contract Claims QUESTIONS PRESENTED (1)Under New Hampshire law‚ can Greene’s Jewelry Wholesale be held accountable for terminating Jennifer’s employment as the company is downsizing and has no need for her position anymore? (2)Under New Hampshire law‚ can Jennifer be held accountable for sharing Greene’s Jewelry Wholesale’s trade secret
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Disparate impact occurs when •employment practices (e.g.‚ hiring‚ firing‚ promotion‚ pay or other employment decisions) have a statistically greater impact on one group than on another. ALLOCATION OF PROOF Prima facie case •Adverse action Business necessity •“Legitimate non-discriminatory reason" Alternative practice with lesser impact •Judge says that the plaintiffs need not “provide the exact floor plan”
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registration statement. – True‚ in case of any part of the registration statement containing an untrue statement of a material fact‚ any person acquitting such security may sue. 3. An investor who bought shares in Dandy Container would make a prima facie case if he alleged that the failure to explain the nature of the loans in question constituted a false statement or misleading omission in the financial statements. – True‚ only if the Dandy has not disclosed this in its pre-issue filings with SEC
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trustee in bankruptcy who steps into the bankrupt’s shoes takes a title no better than him. He takes subject to the same equities as affected the property in the bankrupt’s hands. (What is binding on the debtor is binding on his trustee.) Therefore‚ prima facie the applicants who are prior in time must succeed. Nothing to preclude the enforcement of equitable rights of the applicants. Failure to register the caveat before the act of bankruptcy was committed would not operate to forfeit and take away the
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(in a criminal trial) or preponderance of the evidence (in Civil Matters) that a crime has been committed and that the accused did in fact commit said crime. (Ingram pg.47) Burden of going forward: is the prosecution’s obligation to introduce prima facie evidence that will move toward meeting the burden of proof. (Ingram pg.47) Burden of persuasion: simply means the burden of convincing the fact finder of the collective truth of evidence presented by prosecution or defense. (Ingram pg.48)
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Employee Rights Case Study Tracey-Anne Balli Kaplan University HU245-01: Ethics After seven years of employment with ExtremenNet‚ Mr. Lopez took matters into his own hands when he did not receive the results he was looking for after raising concerns regarding discrimination and unfair policies created by his employer. ExtremeNet does have right and responsibility to protect the business and its reputation. The fact that many employees could be affected negatively is a problem. Bad publicity
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Review: ---------------------------------------------------------------------------------------------------------- For each argument‚ be prepared to do the following: (1) State the argument. (2) State the support for each premise. Why should one‚ prima facie‚ think the premise true? (3) Describe how an opponent of the argument might respond. (4) Describe how an advocate of the argument might respond to the response. Arguments: (1) Knowledge (i.e. Color-Blind Mary) argument against physicalism
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