... Normally there is a joint responsibility in so far as occupational health and safety is concerned. The labour hire situation results in a division of responsibility for the agency employee between the agency and the client. How should common law accommodate this? Should the agency employee be regarded as having a single employer or is there scope to consider join employment or a temporary transfer of employment to the client? The rule at common law is that an employee cannot be transferred by his or her employer to the employment of another person without some act of assent, express or implied, on the employee’s part. The essence of a contract of employment is that it is freely entered into bargain between two parties in which there is the obligation of personal service to the employer. The common law principle that an employee cannot be transferred to a new employer without his or her consent is relevant to the question whether an employee could be transferred temporarily to another employer. Where the agency worker is injured at the client’s workplace, both the client and the agency may be liable to pay damages to the injured worker. The agency can still be liable under both occupational health and safety legislation and at common law. This may be the case even if the agency employee is working on a client’s premises where there may be diminished opportunities to ensure a safe system of work. An additional basis upon which the labour...
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...What is the main point of the story? The reason why this is an important storty to tell management and executives is that it shows the need for knowledge to transferred in whatever means necessary in order to keep the proper and established business flows going. It shows how something as small and simple as a few emails at a key time in the year could save the complany millions of dollars in lost revenue and customer dissatifaction. It also shows a need for Knowledge and Best Practices to be documented, observed and re-issued at key phases of the process to deliver a quality product. 2. What kind of knowledge is most relevant to understanding the incidents in the case? What does the case tell us about the role of knowledge in organizations? This case is a example of Tacit knowledge learned from experience not being transferred during the attrition of an employee. This kind of knowledge that was not transferred durring a employees retirement cost the company millions in lost revenue and bad customer relations. If GM would have had some type of Knowledge Management System, this knowledge would not have had to come the hard way, it could have been gathered in a variety of different ways such as an exit interview, job sharing/rotation and job shadowing. 3. Organization mishaps like those reported in this case appear to be common occurrences. A traditional organization might blame or attribute the causes of them to a number of different sources. What reasons might be...
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...legal issues. Then write an essay paper discussing the following scenarios: Discrimination Scenarios You have no more than 1,500 words to provide substantive answers to the following questions: 1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The chief defends on the basis that it is a legitimate decision, because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain your answer. (This was a real case from Georgia). 2) An Employer had only one promotion to give, but he was torn between giving it to the single female and the male employee, who had a family. The employer thought the male employee most needed the job and could best use the money. He finally decided to give the promotion to the male and told the female he gave it to the male because he was a "family man and needed the money." If the female employee sues, will she win? (This is also a real case.) 3) A female employee has an operation on her breast and when she returns to work, a male employee "jokingly" asks to see the scar. Is this actionable sexual harassment? (This is also a real case). Activity mode aims to provide quality study notes and tutorials to the students of LAW 531 Week 5 Individual Assignment in order to ace their studies. LAW 531 WEEK 5 INDIVIDUAL ASSIGNMENT To purchase this visit here:...
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...20 April 2015 Exercise #70 To: Wage & Salary Division From: Mary Wallace-Vice President RE: Request for pay increase/promotion Greetings Mary, After examining your case we would like to offer our support at ensuring that Susan Anthony has the best possibility of being given this position as a senior assistant. As you had stated she fits all the minimum qualifications and demonstrates herself to be a valuable employee. We would like to help you in whatever way you can to be able to place her in this job position. As you understand by our corporate guidelines, we will make sure that you are informed about this situation at it unfolds. Regards, HR Department In the circumstances of this case Susan Anthony fits the minimum qualifications for the job and it will just have to be verified that she knows how to use Adobe InDesign within a reasonable timeframe. To: Kelly Actor From: Wage and Salary Section RE: Request for pay increase Greetings Kelly, After reviewing the case presented before us, we have review our corporate policies and spoken to several members in our management team. Therefore, we know that you have been an excellent employee for this company and would like to offer you the chance at being promoted to an Executive Assistant position within our company. Additionally, we will not only match the salary being offered to you by the Wispette Company, but also offer a 15% increase...
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...EMPLOYEE | Name: _______________ Start Date: __________ | INFORMATION | Position: __________ Manager: _______________ | | | FIRST DAY | 1. [ ] New Employee Handbook | (Human Resources) | 2. [ ] Assign "buddy" employee(s) to assist with general questions. | | | POLICIES | 3. [ ] Review key policies. | (Human Resources) | Anti-harassment Vacation and Sick Leave FMLA/Leaves of Absence Holidays Time and leave reporting Overtime Performance reviews Dress code | Personal conduct standards Progressive disciplinary actions Security Confidentiality Safety Emergency procedures Visitors E-mail and Internet usage | ADMINISTRATIVE PROCEDURES | 4. [ ] Review general administrative procedures. | (Human Resources) | Office/desk/work station Keys Mail (Incoming and Outgoing) Shipping (FedEx, Airborne and UPS) Business cards Purchase requests | Telephones Building access cards Conference rooms Picture ID badges Expense reports Office supplies | INTRODUCTIONS AND TOURS (Facilities) | 5. [ ] Give introductions to department staff and key personnel during tour. 6. [ ] Tour of facility, including: | | Rest rooms Mail rooms Copy centers Fax machines Bulletin board Parking | Printers Office supplies Kitchen Coffee/vending machines Water coolers Emergency exits | POSITION INFORMATION (Manager) | 7. [ ] Introductions to team and department staff. 8. [ ] Review initial job assignments...
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...Stress Kills – Chapter 8 Case Leonardo Caldeira Introduction to Management– MAN 2021 Professor Robert M. Downey – Broward College September 25, 2013 Case Background: Stress affects employees at work and is a serious concern. There has been suicides and psychological problems that people have to overcome. Companies have to resolve this by rebuilding the morale of their employees. Something that companies have been doing to help this issue is allowing employees to work from home so the person can balance their work and stress. The employees don’t like to be transferred to one company to another and they should look for other options. France Telecom is one company that is being investigated for suicide and analyzing what happened to hopefully prevent this in the future. 1. What is your reaction to the situation? What factors, both inside and externally contributed to the situation? I think that no matter how much stress you can be going through taking your life is just the easy choice, the easy way out. Instead, one should work hard and keep up never giving up. Some factors that contributed to this is that the employees were not being listened to when they expressed their problems. Several occasions the worker wrote and was not replied. The worker was also being transferred from one place to another involuntarily. Some external factors that contributed was the morale of the employee was down and they were going through some kind of trauma or suffering. ...
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...CASE STUDY 3 DEVELOPING A GLOBAL REWARD STRATEGY AT TIBETT AND BRITTEN GROUP Prepared for: PROF. DR. KHULIDA KIRANA YAHYA 13 APRIL 2014 Prepared by: Kartini Binti Dato’ Tajul Urus (814244) Hazlyena Annur binti Che Hamid (815158) Nurul Farahiah Binti Mohd Jazlil (815614) CASE STUDY 3 - DEVELOPING A GLOBAL REWARD STRATEGY AT TIBBETT AND BRITTEN GROUP SWOT ANALYSIS STRENGTH Company directly employs 35,000 people in 35 countries, biggest markets in Europe and North America. Majority of their employees are transferred from their customer, therefore they understand the nature of business of TBG 65% - 70% of the operational costs relate directly to people, so staff reward management is the key to business competitiveness OPPORTUNITIES Employs people on a variety of contracts. One step at a time approach An overhaul of the grading system used in UK WEAKNESS 65% - 70% cost operational relate directly to people. Wide variety of pay and grading arrangement in operation. Most non-management employees were not on TBG terms and conditions. UK grading structure is an issue THREAT Majority of employee were transferred from major customers, and these employees retained their existing t&c of employment. Different local relationship with trade unions Contracts are operated on an „open book‟ basis 1. Why do you think that the creation of internal consistency was such an important objective of the new reward strategy? Reward strategy is a suitable...
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...Administrative Ethics Paper The journal article that I chose is about a case of privacy and confidentiality of health care employees in New Zealand and not the United States. Its relevancy though is just as important here as it was in New Zealand. New Zealand has a Privacy Act similar to the United States’ HIPAA. The article “Privacy, employees and human resources: a case report” (Mair, 2011) documents the release of an employee’s medical records to his employer, a New Zealand hospital and the resulting issues. Although administrators are highly cognizant of patient privacy and confidentiality, it can be easily overlooked when employees are involved. The article concerns an employee at a particular hospital who presented himself to that hospital’s Emergency Department for stress and anxiety connected to his employment there and his bullying and harassment by a particular nurse. He had made several complaints to the administration about this treatment by the nurse and nothing had been done. The nurse, Nurse X, who interviewed him, noted that he was at a low risk of harming himself or others. He also told Nurse X that he had submitted his resignation that day to the hospital. A doctor at the hospital assessed him and determined that he was of moderate risk to himself because the internalizing his anger could lead to suicide. He was transferred to another hospital where he was again evaluated and discharged the next day after as it determined that he was no longer experiencing...
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...Case C-426/11: Mark Alemo-Herron and Others v. Parkwood Leisure Ltd. Introduction This issue was about collective agreements that are negotiated regularly, whether they can bind an employer following a transer of employment. It is really a fundamental question, mainly in contracting out services, when the new employer may wish to make savings by not increasing wages. In this case it should be decided if in the transferred employees' terms and conditions of employment can continue to rise due to agreements made collectively between the old employer and the recognised trade union, even though the new employer is not party of the discussions. In a similar German case, in the Werhof v. Freeway Traffic Systems GmbH & Co KG, which ruled along the static interpretation lines, the ECJ accepted the German government's argument that only the collective agreement in force at the time of the transfer is applicable. Subsequent changes agreed between parties cannot be imposed on the transferee who is not involved in the collective negotiations. Facts and proceedings before the UK Courts In 2002, the London Borough of Lewisham’s leisure activities were contracted out to CCL Limited, a private sector undertaking. The employees, who were working in that department, became part of the staff of the second mentioned company. In May 2004, CCL Limited purchased the business to Parkwood Leisure Limited, to another private sector undertaking. Although the activites belonged to the council...
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...Foong shall be entitled to an annual remuneration amounting to $60,000 or 1% of the Company’s after-tax profits, whichever is the higher.” The issue presented in this question is whether SF can enforce the above provision against WFJ. Based on the facts, the general law can be applied to determine the effectiveness of the provision. S39(1) of the Companies Act (“CA”) states that the memorandum and articles shall bind the company and the members as if the respective parties had signed and sealed in a contract to observe all the provisions of the memorandum and the articles. Hence, the provision in the article is said to be effective. However, there are alternative arguments to this case. The Singapore court not only takes the Singapore CA into consideration during a ruling, but also relevant previous law cases. For this issue, the Hickman v Kent or Romney Marsh...
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...than 1,500 words to provide substantive answers to the following questions: 1) A black firefighter alleges that each time he is transferred from one fire station to another, he must take his bed with him, on orders of the fire chief. The chief defends on the basis that it is a legitimate decision, because white firefighters would not want to sleep in the same bed in which a black firefighter slept. Is this illegal under Title VII? Explain your answer. (This was a real case from Georgia). 2) An Employer had only one promotion to give, but he was torn between giving it to the single female and the male employee, who had a family. The employer thought the male employee most needed the job and could best use the money. He finally decided to give the promotion to the male and told the female he gave it to the male because he was a “family man and needed the money.” If the female employee sues, will she win? (This is also a real case.) 3) A female employee has an operation on her breast and when she returns to work, a male employee “jokingly” asks to see the scar. Is this actionable sexual harassment? (This is also a real case). Dillion v. Jogbra Research the Dillon v. Jogbra case decided in Vermont. Your paper should be between 1,000 and 1,500 words. Discuss the findings with your group. Prepare a Case brief: The case brief must be in IRAC Forumla and clearly define the issue, the rule of law used to decide the outcome, provide a analysis of the court’s...
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...PRINCIPLE * Case analysis Perspective of the case Q1) Was Nandini Sharma forced to resign or did she resign voluntarily? To understand the resignation either coerced indirectly by the pharma company or she resigned voluntarily needs understanding of Constructive discharge doctrine i.e “employee’s decision to quit due to un-endurable environment is assimilated to a formal discharge for remedial purposes” [1] At will contract: The definition of at-will employee is “At-will employment is a legal presumption in all U.S. states whereby either an employer or an employee may, with no adverse legal consequences, terminate the employment relationship for any legal or no reason.[2] Exceptions being 1) Violates Public Policy 2) Whistle blower 3) Hostile work environment As presented in the facts of the case, the Nandini Sharma was subjected to violation of public policy and her dismissal stood Constructive Discharge as 1) She received demotion and reduction in job duties 2) Was transferred 3) Badgered 4) Humiliated by claiming un-promotable, uncooperative and unproductive These conditions satisfy to claim “sufficiently intolerable’ environment at the Pharma co. This can be further understood by the case The First Circuit, in Vieques Air Link, Inc. v. U.S. Department of Labor*, It was found work conditions were tweaked for a pilot who blew the whistle to Federal Aviation Administration and the company. The employee was transferred and was...
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...Substantive Procedures for Cash Outflow Irregularities Substantive Procedures for Cash Outflow Irregularities Apollo Shoes has recognized that there is a risk of loss due to irregularities in cash outflows, accounts payable, and payroll. Substantive procedures for cash outflows, accounts payable, and payroll are needed to detect irregularities in each of these. Failure to implement appropriate procedures will lead to loss irregularities. Substantive Procedures to Evaluate Cash Irregularities Substantive procedures for detecting irregularities in the cash cycle follow normal audit procedures of testing internal controls over cash and by collecting and evaluating audit evidence are needed. Following instruction set forth by Joe Bootwell, Chief Financial Officer (CFO), Karina Ramirez, Director of Internal Audit, established the following procedures for testing cash irregularities (University of Phoenix, 2013). 1. Cash receipt procedures. Confirm that persons receiving cash are authorized. Evaluate mailroom cash receipt procedures. Confirm that surveillance cameras are recording properly. Confirm pre-numbered receipts are issued. Evaluate procedures for out of sequence receipts. Confirm cash deposits are made by a person other than those approved to receive cash. Confirm deposit reconciliations are made by a person other than the persons receiving and depositing cash. 2. Cash receipts are deposited daily and are in complete (Louwers, et al, 2011)...
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...TAX ON SHORT-TERM CAPITAL GAINS Introduction Gain arising on transfer of capital asset is charged to tax under the head “Capital Gains”. Income from capital gains is classified as “Short Term Capital Gains” and “Long Term Capital Gains”. In this part you can gain knowledge about the provisions relating to tax on Short Term Capital Gains. Meaning of Capital Gains Profits or gains arising from transfer of a capital asset are called “Capital Gains” and are charged to tax under the head “Capital Gains”. Meaning of Capital Asset Capital asset is defined to include: (a) Any kind of property held by an assesse, whether or not connected with business or profession of the assesse. (b) Any securities held by a FII which has invested in such securities in accordance with the regulations made under the SEBI Act, 1992. However, the following items are excluded from the definition of “capital asset”: i. any stock-in-trade (other than securities referred to in (b) above), consumable stores or raw materials held for the purposes of his business or profession ; ii. personal effects, that is, movable property (including wearing apparel and furniture) held for personal use by the taxpayer or any member of his family dependent on him, but excludes— (a) jewellery; (b) archaeological collections; (c) drawings; (d) paintings; (e) sculptures; or (f) any work of art. “Jewellery" includes— (a) ornaments made of gold, silver, platinum or any other precious metal or any...
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...Venus Botiques Problem: What would Mrs. Santos do towards Glo’s case in order to maintain the morale of Venus employees as well as credibility of the newly installed employee performance rating. Areas for consideration: Carla Santos • Owner Manager of Venus Boutiques GloMartines • Single, 25 years old and Downtown Store manager for ten months • Joined Venus two years ago as a casual employee. • Her diligence, reliability and trustworthiness at work made Mrs. Santos gave her more responsibilities such as handling of cash and store supervision. Irma • Distantly related to Glo • The person being complained by the three salesgirls who Glo showed favoritism. • She is allowed to leave the Performance Rating System • Designed by a local consulting firm • The system called for a formal appraisal of all Venus employees and managers every six months • Considered various performance factor including sales productivity, appearance, etc. as basis for promotion to higher pay grades and employee bonuses • The system was explained to Venus employees before it was installed The three other Salesgirls of Downtown branch • Complained against Glo’s favoritism towards Irma. • Claimed they are unfairly treated by Glo Alternative Courses of Action: ACA # 1: Reprimand Glo for the acts committed and device a rotational schedules for all Salesgirls. Advantages: 1. Reprimanding Glo will call the attention of other managers not to commit the same acts of dishonesty...
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