tribunal effectively expects the employer to show why the decision was made and how it was reasonable. 1.5 Matters known to Employer Can only rely on those matters known at the time of dismissal. Cannot rely on matters subsequently discovered (cf wrongful dismissal claim). W Devis & Sons v Atkins [1977] AC 931 1.6 Size of undertaking Tribunal will take into account the size and administrative resources of the undertaking. 1.7 Does reason justify dismissal ? May be other sanctions that
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Candidate Number Candidate Name ______________________________________________ INTERNATIONAL ENGLISH LANGUAGE TESTING SYSTEM General Training Reading PRACTICE TEST 1 hour Time 1 hour INSTRUCTIONS TO CANDIDATES Do not open this question paper until you are told to do so. Write your name and candidate number in the spaces at the top of this page. Read the instructions for each part of the paper carefully. Answer all the questions. Write your answers on the answer sheet. Use a pencil
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Wrongful dismissal- wrongful dismissal is when your employer breaks the terms on your contract when working for their organisation. When breaking an employee’s contract when wrongfully dismissing them such as‚ when you dismissed that employee without giving them their proper notice. This is wrongful dismissal and you as an the employee have the right to take your employer to an employment tribunal‚ where here they will investigate your case and if you win the case you may be in tilted to compensation
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If you have lost a family member to a wrongful death‚ you know that money cannot replace your loved one. Receiving compensation from the negligent party‚ however‚ can help you pay for costs related to the tragedy. Plus‚ many people find closure when the responsible party is held accountable for its actions. What Is A Wrongful Death? A wrongful death occurs when a person dies from a negligent or wrongful act committed by a person or entity. Wrongful death can occur under many circumstances‚ including:
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meaning that he believes in rights and rules and that the best consequences are not necessarily the only determining factor. Engelhardt argues that infants have a right not to have their lives prolonged” (pg. 132). He then proposes a legal concept of “wrongful life” where their actual existence is
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the surviving members of the victim’s family may file a wrongful death claim. The majority of wrongful death cases follow in the wake of criminal trials‚ utilizing comparable evidence but with a lower standard of proof. Regardless‚ an individual found liable in a wrongful death case may or may not be found guilty of a crime associated with that death. When Is A Wrongful Death Claim Applicable? There are several scenarios in which a wrongful death claim may be applicable. Common examples include
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Winding up of Company Section 425 of the Companies Act‚ 1956‚ deals with the winding up of companies. Winding up of company is a legal procedure to dissolve the company and put an end to its life. The company ceases to be a ‘going concern’. The term winding up is defined as‚ ‘the process by which the life of a company is ended and its property is administered for the benefit of its members and creditors.’ During the process of winding up‚ the assets of the company are sold and all the debts
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DEFINITION OF WINDING UP OF A COMPANY Winding up or liquidation of a company is the ending of a company’s life; its property administered for the benefit of its creditors and members. At the end of the winding-up‚ the company will be dissolved. There are two main types of winding up: compulsory‚ under and order of the court; and voluntary‚ under resolution of the company. VOLUNTARY WINDING UP In a voluntary winding-up‚ the members of the company have passed a resolution to wind-up the company
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Debenture - If a company borrows money‚ it will give its creditor a document confirming the existence and terms of the loan. This document is called a debenture. The execution of debentures & creation of charges over land by borrowers in favour of banks to secure banking facilities/loans is a common practice. Typically such debentures empower the banks to appoint receivers & managers to act on behalf of the borrowers to sell charged land by private treaty. (Teo & Khaw) Question: in
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Meaning of Liquidation Liquidation or winding up is a legal term and refers to the procedure through which the affairs of a company are wound up by law. Winding up of a company has been defined in the companies Act‚ 1956 as “the process whereby its life is ended and its property is administered for the benefit of its creditors and its members. An Administrator called Liquidator‚ is appointed and he takes control of the company‚ collects its assets pays its debts and finally distributes any surplus
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