Question 2 a) Identify and explain the common law factors that help distinguish employees and contractors. b) Discuss the differences between wrongful and unfair dismissal and the remedies that are available.
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A: Damage refers to the money paid by the one party to another party. Promisee, sometime called as non…
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A: Human Resource Management: Human resources management is the process of managing the human element…
Q: List and describe the different torts.
A: Tort: Any form of negligence where the defendant may harm the plaintiff intentionally or…
Q: A. Find 2 legal cases related to contract, recruitment or forms of business.
A: Case 1: Contract Dispute - Carlill v. Carbolic Smoke Ball Company (1893)Introduction: Carlill v.…
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A: In the realm of legal remedies, the concept of mitigating damages is a fundamental principle…
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A: Note: Since you have asked multiple questions, we will answer the first question for you. If you…
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A: Law: It is passed in the parliament associated with the business, general public, and administration…
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A: The objective of the question is to determine the type of performance Lars has achieved in…
Q: . How do courts differentiate between an employee and an independent contractor?
A: 1. Command and control of the work: The majority of the time, employees have less autonomy and are…
Q: A court can award several alternative remedies to a plaintiff for a defendant's breach of contract.…
A: Specific performance implies satisfying a guarantee made under an agreement as concurred. A…
Q: Briefly describe some of the out-of-court remedies for breach of contract, and briefly explain the…
A: A breach of contract is defined as an act of failing to observe a law, agreement, or code of…
Q: T or F In the context of grievance procedures, the principle of just cause originally places the…
A: TRUE
Q: In employment establishments, an employee may be different from an independent contractor. By…
A: In any employment establishments, an employee might be different from an independent contractor,…
Q: Through which governing body did the United Auto Workers submit complaints to, on behalf of the…
A: GEO (Graduate Employee Organization) is a labor organization that represents graduate students and…
Q: What issues must the court decide in this case? Joan, a warehouse worker, was diagnosed with carpal…
A: Meaning:- The court must decide whether Joan's carpal tunnel syndrome qualifies as a disability…
Q: Describe the difference between law and ethics.
A: Law refers to a set of rules that are often created by an authority usually the government and must…
Q: Please list and describe the 3 types of torts.
A: A tort can be described as an act that would harm another person which would amount to a civil wrong…
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- In terms of employment law, discuss the following: a) How a contract of employment can be terminated. b) Refer to the different types of dismissal and what remedies may be available to the employee.n employee was terminated for smoking in a no smoking area. The union claimed that he should be reinstated because the company failed to follow due rocess procedures. When the company and the union could not agree, this case was referred to arbitration and the arbitrator ruled in favor of the employee. How should the company respond? our Response The company should reinstate the employee and follow due process in the future. The company should appeal the case to the district court. The company should request a hearing by a three-member panel of administrative law judges. The company should appeal the case to the NLRB. FeedbackThe essential elements of a negligence action do not include which of the following? Question 5Answer a. There was little attempt to assist the victim b. A duty of care existed c. The act caused the injury d. There was no contributory negligence e. Injury or damage was reasonably foreseeable
- Student list the legal/ethical considerations in case management process including duty of care, confidentiality, worker’s and client’s roles and responsibilities, client’s rights, professional boundaries, the storing of information. Please base answer on australian casemanagent processWhy are worker's compensation benefits the sole remedies for workplace injuries of employees, as discussed in Guy v. Arthur H. Thomas Co. and Suburban Hospital v Kirson? What is the “social contract” referred to in the latter opinion?Case 1-1: Integrity, Objectivity, and Ethics at the Hershey CompanyThe management of The Hershey Company has asked union workers in two of its highest cost Pennsylvania plants to accept higher health insurance premiums and take a wage cut. The workers’ portion of the insurance cost would double from 6% of the premium to 12%. In addi-tion, workers hired after January 2000 would have their hourly wages cut by $4, which would be partially offset by a 2% annual raise. Management says that the plants need to be more cost competitive. Management has indicated that if the workers accept the proposal, the company would invest $30 million to modernize the plants and move future projects to the plants. Management has refused, however, to guarantee more work at the plants even if the workers approve the proposal. If the workers reject the proposal, management implies that it would move future projects to other plants and that layoffs might be forthcoming. Analyze the ethics of this case. Do you…
- Some states recognize which exemption(s) to worker termination under the at-will employment doctrine? A. public policy B. implied contract C. just cause D. All of these choices are correct.assume that employees at Company Y have engaged in a strike thier employer is mot happy ans has dismissed all the striking employees. Advise the employees on the requirements for both substantive and procedural fairness for dismissalsAnswer 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 2016
- Define any five of the following terms: Bargaining agent, craft union, grievance, injunction, lockout, Rand formula, sca.In the Silvestri v. Optus Software, Inc. case, the employment contract contained a 2-year employment agreement with a satisfaction clause. Which of the following was held? A. The satisfaction clause was not enforced, because it was a restraint on trade. B. The satisfaction clause was not enforced, because it was subjective. C. The employer breached the contract and had to pay damages. D. The termination of employment before the 2- year period was enforced.Further in 1949, Congress amended the Fair Labor Standards Act (which regulates overtime) to read, “the hours for which an employee is employed, there shall be excluded any time spent in changing clothes or washing at the beginning or the end of each workday.”This law excluded “changing clothes” from compensable time, but is also specifically allowed collective bargaining agreements to specify that such time to be paid.Analyze the case in light of these two relevant laws. What characteristics or qualities should a practitioner look for in selecting a mediator to help resolve a labor dispute? What are some potential costs or risks parties face during a work stoppage?