Gert is employed as an accountant at KMG. His contract of employment states that he will be on probation for a period of six months. However, after six months, Gert is informed that his contract of employment is terminated because he failed to perform at the minimum required level for this position. 2.1. Discuss whether Gert’s dismissal was fair in these circumstances.
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- Sue is a fifty-five year old employee of company A. Her children are out of college and her parents have both died. Company A offers a child care program to all employees along with an elder care program. However, Sue, like many other employees, has no need for these services, neither now or in the future. Should the firm retain these programs? Should alternative benefits for employees who have no use for such services be offered?Which of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityA bargaining representative election was held in Smith Electronic Company against the will of the employer. The employer threatened to terminate those employees who cast their vote during representative election. In this situation, the employer has violated: administrative regulations. the contract bar rule. the silent period. the forty-eight-hour rule.
- Mr. Chan works in Malaysia but is a citizen of Singapore where his company is organized andheadquartered. Mr. Chan is an expatriate, who is a citizen of the company's home countryworking in a foreign country. Ms. Hamidah is Mr. Chan's executive secretary in Malaysia, butunlike Mr. Chan, she is a citizen of Malaysia and is considered a host-country national. Sheis an employee hired by a foreign company to work in her own country. Mr. Alex works for thesame company as Mr. Chan and Ms. Hamidah in Malaysia, but he is an Australian. Anemployee like Mr. Alex who is a citizen of one country but works in another country for acompany that is headquartered in a third country, is called a third-country national. Mr.Chan, Ms. Hamidah, and Mr. Alex are examples of MNC’s staffing approach. MNCs facedifferent challenges with employee selection leading them to use certain staffing approaches.The international HR department must have an innovative idea about the skills and availabilityof human…Standard Appliance Co. has an employee pension plan under which Aurelia has worked for 31 years. Aurelia is laid off at age 60, and five years later, she retires and attempts to draw her pension benefits. However, Aurelia is informed that she is not eligible for pension benefits because she had not been working under the Standard Appliance Co. plan at the time of her retirement. Is this correct? Yes, if that is what the Standard Appliance Co. plan specifies. No, since Aurelia worked longer than 10 years for Standard Appliance Co. No, since Aurelia's benefits are vested. Yes, since Standard Appliance Co, only has a responsibility to current employees.19-2. Specific Performance. In which of the following situations would specific performance be an appropriate remedy? Discuss fully. (See Equitable Remedies.) a. Thompson contracts to sell her house and lot to Cousteau. Then, on finding another buyer willing to pay a higher purchase price, she refuses to deed the property to Cousteau. b. Amy contracts to sing and dance in Fred's nightclub for one month, beginning May 1. She then refuses to perform. C. Hoffman contracts to purchase a rare coin owned by Erikson, who is breaking up his coin collection. At the last minute, Erikson decides to keep his coin collection intact and refuses to deliver the coin to Hoffman. d. ABC Corp. has three shareholders: Panozzo, who owns 48 percent of the stock; Chang, who owns another 48 percent; and Ryan, who owns 4 percent. Ryan contracts to sell her 4 percent to Chang. Later, Ryan refuses to transfer the shares to Chang.
- Zoey and Drew enter into a contract that requires Drew to supply ten paintings per month to Zoey for her to sell in her art store. In March, Drew gives Zoey five paintings. As a result, Zoey has a substantial loss in profits. Zoey can sue Drew and receive reimbursement for the loss of her profits as a. compensatory damages. b. consequential damages. c. punitive damages. d. restitution.Joan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or…Phillip is a broker who was hired by Sam to help him find a new investment property. Phillip identifies a property that fits Sam's investing criteria. Sam asks Phillip to do some research and provide him with an opinion of title on the property. Is Phillip permitted to do this? ○ No. This would be considered an unauthorized practice of law. No. Phillip needs his sales associates license in order to issue an opinion of title. Yes. Brokers are always permitted to issue an opinion of title. Yes. As long as Phillip notifies FREC, he can issue an opinion of title.
- A real estate professional working with a buyer has disclosed the options for representation under state law, but has not signed a buyer representation agreement and considers the buyer a customer. while showing the buyer a property, which o the following statements by the professional could create implied agency in a jurisdiction where the common law of agency prevails? A. “You should consider having any property inspected by a professional.” B. “You should speak to attorney about how to take title to the property.” C. “You should offer $20,000 less than the asking price due to the repairs needed on this property.” D. “You should be prequalified by a lender since most sellers will request this information when you make an offer.”The “Compliance with Standards Rule” requires that a member who performs professional services, including consulting services, comply with standards promulgated by bodies designated by Council, regardless of whether the member is holding out as a CPA. The standards applicable to members performing consulting services are set forth in the Statements on Standards for Consulting Services (SSCSs) and specifically state that such standards apply to members holding out as a CPA while providing consulting services. Would a member who does not hold out as a CPA be in compliance with “Compliance with Standards Rule” if the member did not comply with the SSCSs while performing consulting services for a client? Yes or No34. Hans, a general contractor, hires Sven, a plumbing subcontractor, to install a sprinkler system in a new building. Sven installs the system but does not turn on the water supply. Six months after completion, a fire breaks out and the mistake is discovered. Which of the following statements about the property owner's claim for damages is not accurate? O a. Hans may be liable to the property owner for some or all of the fire damage that was caused by Sven's mistake. ob. Sven may be liable to Hans for damages paid to the property owner that were caused by Sven's mistake. c. Hans' CGL policy would respond to a claim by the property owner for damages arising out of Sven's mistake. od. Hans' CGL policy will only respond to a claim by the property owner for damages if Hans is determined to have been directly negligent in failing to detect the error.
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