Discuss whether Mr Booser will be successful in a case for unfair dismissal at the CCMA Source: Er (20 Marks)
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- Did managers disregard proper procedure when they disciplined Mr. Haier? Justify your answer. How much weight should arbitrators give procedural propriety or impropriety when deciding a case like this one?QUESTION ONE(NATURAL JUSTICE -10%)Zizi, a teacher from Sekolah Menengah Seri Pahlawan, applied for unpaid leave for the periodfrom 1 April 2017 to 15 April 2018 to follow her husband who works in Jakarta and theapplication was approved. Zizi was supposed to report for duty on 16 April 2018 but she wasabsent from duty until 15 Mei 2019. Zizi's failure to give her address in Jakarta caused SekolahMenengah Seri Pahlawan unable to send a letter to Zizi.After returning to Malaysia, Zizi received a charge letter a week before the trial stating thatshe was disobeying the order for violating the code of conduct under regulation 4(2) (g) and4(2)(i) of the Public Officers (Conduct and Discipline) Regulations 1993 when absent withoutleave or without prior permission or without reasonable excuse from 16 April 2018 until 15Mei 2019.Zizi requested an adjournment of the trial for the following reasons:1. Lack of time to prepare a defence.2. She wants to appoint a lawyer.The Disciplinary Board…Has the client received a right to sue letter from EEOC? Question 20 (3 points) A 35-year-old employee at a company of exclusively 21-year-olds is abruptly fired. She believes it is because of her age. Can she possibly win an age discrimination case? O Yes, if Minnesota law applies O Yes, if federal law applies and she has enough evidence O No, if Minnesota law applies. O No, because the age difference between the employee and the rest of the company is not legally significant Question 21 (3 points) V Saved You receive a Right to Sue letter from the EEOC, In most cases, how long do you
- Answer the following TRUE/FALSE questions:Redundancy is a form of dismissal The Data Protection Act 2018 applies to computer-based and electronically stored information systems onlyAn employee has a statutory right not to be unfairly dismissed under the Employment Rights Act 1996Common Law imposes a duty on an employer not to pass confidential information to a third party about his employeeA wrongful dismissal will occur by a breach of the employment contractUnder the Data Protection Act 2018, a claim for damages for distress can be made for data breachBiometric and genetic data, are covered under the GDPR 2016QUESTION 1 If the employer has reason to believe that the ermployees' bargaining epresentative is not nngotiating a collective tnegaining agreetment in gnod fath, the employer can file a complaint with the O United States District Court Equal Employment Opportunity Commission O National Labor Relations Board O United States Departmernt of LaborCase: Dismissal for constitutive act of sexual harassment against an employee Ms. Cruz was in her work area dispatching a patient file “standing and bent” when her supervisor “spanked her hip”. She expressed her indignation and told him that he had been disrespected and lacerated her dignity as a woman. This event occurred in the presence of several colleagues of Mrs. Cruz and around sixty (60) patients. The unwanted physical contact perpetrated by her supervisor towards that intimate part caused her to start crying and had to leave her work area to try to calm down. Since he could not get himself together, he requested authorization to leave his work shift early. Two days later, Mrs. Cruz returned to her place of employment and requested to be relocated to another area. On that same date, the department director interviewed her and drew up a preliminary report in which she described what happened. Later, and as a provisional measure, he relocated both Mr. Rosa and Mrs. Cruz to other…
- 4c. Discuss some of the legal remedies and breach of contract compensation ?Contract Management and Administration Case Analysis: Auditing Agencies Unearth Procurement Scam Two government auditing agencies have unearthed serious irregularities in the procurement of relief items worth Shs10b. Two forensic audits by the Office of the Auditor General (OAG) and the Public Procurement and Disposal of Assets (PPDA), dated September 7, 2021, and April 12, 2022, respectively, put senior officials on the spot for allegedly causing financial losses to the taxpayer. Copies of the findings seen by this newspaper point to alleged forgeries, collusion between some officials and suppliers, and failure to adhere to key critical procurement regulations. Our analysis of a cache of official documents of the contentious procurements, which dovetails with findings by government auditors, shows that contracted companies supplied items without a contract specifying quality, leading to the delivery of substandard items. The auditors found some officials culpable of undertaking…
- 9. (T/F) Stanley Pomarantz, TC Memo 1986-461 was cited favorably in Lynn Crawford, TC Memo 93-892. (Go to the case, then click on the Citator) 10. Which of the following cases are cited in Pomarantz v. Comm, 62 AFTR 2d 88-5882 (860 F2d 960), (CA9) 11/07/1988? a. Meiers v. Commissioner b. Smith v. Commissioner c. Thompson v. Commissioner d. All of the above e. None of the aboveSara has a cute cuddly black bear cub. While letting the cub sit in the neighbor kid's lap, the playful cub accidentally scratches the kid's face requiring stitches. Sara is probably: Question 10 options: A) not liable, assumption of the risk. B) liable, strict liability. C) liable, she was clearly negligent. D) not liable, the kid consented to hold the cub.Business Scenarios and Case Problems 18-1. Conditions of Performance. The Caplans contract with Faithful Construction, Inc., to build a house for them for $360,000. The specifications state "all plumbing bowls and fixtures... to be Crane brand." The Caplans leave on vacation, and during their absence, Faithful is unable to buy and install Crane plumbing fixtures. Instead, Faithful installs Kohler brand fixtures, an equivalent in the industry. On completion of the building contract, the Caplans inspect the work, discover the substitution, and refuse to accept the house, claiming Faithful has breached the conditions set forth in the specifications. Discuss fully the Caplans' claim. (See Conditions.)