...Has the time come to scrap the Human Rights Act? The Human Rights Act is a UK law passed by the Labour government in 1998. It means that you can defend your rights in the UK courts and that public organisations, including the Government, the police and local councils, must treat everyone equally, with fairness, dignity and respect. It incorporates the European Convention on Human Rights (ECHR) into British law and was set up so matters could be dealt with in British courts and people did not have the expense, and lengthy wait, of taking the case to the European Court of Human Rights in Strasbourg. The Conservative party believe that a British Bill of Rights is a much better alternative to the HRA whereas the Liberals truly believe that instead of scrapping it, it should be enhanced and strengthened. Although there are many benefits of having a HRA, the flaws outweigh the argument to keep it and should therefore be scrapped. One argument for the abolition of the HRA is that it makes it difficult to fight terrorism and maintain Law and Order. It is hard to do so as terrorist suspects are protected by one main aspect of the HRA, if there is the possibility of them being tortured when returned to their home country the ECHR can block their deportation. For example, in January 2012, Home Secretary Theresa May wished to have Abu Qatada (Osama bin Laden’s right hand man) deported back to Jordan in order to face a trial. However, the ECHR blocked the deportation of Abu Qatada because...
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...The USA Patriot Act, the Alien and Sedition Acts, and the Bill of Rights were all established by the government to protect the citizens of the United States of America. These forms of legislation were predominantly written with intentions of enhanced security but could also be construed as allotting more power to the government to generate decisions without the consent of the citizens. The USA Patriot Act is the most recent of the three forms of legislation, but its objective is probably more understood by citizens during a time of terrorism and constant states of “High Alert” issued by the government. The Act affects everyone in the country, and since it gives the government the ability to search any personal records and conduct surveillance on any citizen with little judicial oversight, people of the United States are annoyed, angered, and apprehensive too. Following the events occurring on September 11, 2001 and the ongoing wars in the Middle East, the government now maintains the right to jail non-citizens solely on suspicion and the FBI can investigate any American citizen for criminal matters if the Bureau declares the investigation involves matters of intelligence, all because the government endorsed and enacted the USA Patriot Act. The Alien and Sedition Acts are comprised of four smaller acts: the Alien Enemies Act, the Alien Act, the Naturalization Act, and the Sedition Act. During the time these Acts were passed, the government was comprised of Federalists who...
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...Sugar Act of 1764 was a revision of the earlier Molasses Act of 1733. It taxed popular items such as sugar, wine, and silk to raise money for the national debt. Created by George Grenville, prime minister at the time, the Sugar Act caused a great deal of tension in the colonies as it was despised by the colonists and led to financial difficulties. Though it was looked down upon by the colonists, the Sugar Act of 1764 had a large historical impact because it was the first time that the British Parliament tried to directly tax the colonists. According to the American History Central, the Sugar Act sparked protest in the colonies, leading...
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...Issues, Solutions, Pros & Cons: Everything You Should Know About The Family and Medical Leave Act (FMLA) Traci Johnson ENG.215: Research and Writing Prof. D. Meadows What is FMLA? How does it work? These questions are very common when it comes to FMLA. Many people do not understand the fundamentals of this act, nor the effects that it can have on the employer as well as the employee, and fellow employees. Throughout this paper, you will learn what FMLA is, how it works, the issues, pros, and cons of this act, as well as solutions that could better this act, and help it to be more easily understood and beneficial to all parties involved. What is FMLA? FMLA is the abbreviation for the Family and Medical Leave Act; which is a bill that was passed in 1993. This bill states that federal law required companies and employers, who employ more than 50 employees, must provide their employees with 12 work weeks of job-protected and unpaid leave for qualified medical and family reasons. However, not all employees will qualify to receive leave under the Family and Medical Leave Act. There are several qualifying factors that determine whether or not the employee is eligible for leave under this act, and whether or not a company is even required to honor leave under this act. It is required by law that all public, state, local, federal, and educational agencies, and all private sector employers who employ 50 or more people for at least 20 workweeks in a 12 months year...
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...Fair Labor Standard Act Jamesca Caton Saint Leo University Professor Richard Primo October 11, 2015 Abstract In this paper I will discuss the background and history of the Fair Labor Standards Act and discuss the record keeping of employees that are exempt and non-exempt under Fair Labor Standard Act. Also, I will discuss the compensation and overtime pay of employees under the Fair Labor Standard Act and the enforcement of and regulations of the Fair Labor Standards Act. Moreover, I will discuss some current issues with the Fair Labor Standards Act such as child labor laws as well. BACKGROUND AND HISTORY In 1938, the Fair Labor Standards Act was passed to help put protections in place for workers across America. The act was passed after the Great Depression, at a time when many employers took advantage of the horrible working conditions and impossible hours. This act was passed to regulate minimum wage, overtime pay, equal pay, record keeping and child labor standards in the United States and to guarantee a workers right to be paid fairly under the Fair Labor Standards Act. The Fair Labor Standards Act help establish the federal minimum wage for all employees and sets requirements for overtime for employees as well. The FLSA also defines the forty hour work week for employees and places restrictions on child labor. The Fair Labor Standards Act has been amended several times to expand the law to require employees both male and female to receive equal pay for...
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...AGENCY RELATIONSHIPS ( Agency: A fiduciary relationship that results when one person (the principal) manifests her consent that another person (the agent) will act on her behalf and subject to her control, and the agent manifests his consent to so act. ( Fiduciary: A person who undertakes to act on behalf of and primarily for the benefit of another. ( Fiduciary Duty: A duty arising from the trust and confidence placed in a fiduciary by those on whose behalf and for whose benefit she acts. EMPLOYER-EMPLOYEE RELATIONSHIPS ( Employee: A person (1) who works for, and receives payment from, an employer, (2) whose working conditions and methods are controlled by the employer, and (3) for whose acts and omissions occurring in the scope of employment the employer is liable. ( Independent Contractor: A person (1) who works for, and receives payment from, an employer, (2) but whose working conditions and methods are not controlled by the employer, and (3) for whose acts and omissions the employer is not liable. DETERMINING EMPLOYEE STATUS ( To determine whether a worker is an employee or an independent contractor, courts consider the following: (1) how much direction and control the employer exercises over the details of the person’s work, (2) whether the person is engaged in an occupation or business distinct from that of the employer, (3) whether the work the person performs...
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...A one-act play is a play that has only one act, as distinct from plays that occur over several acts. One-act plays may consist of one or more scenes. In recent years, the 10-minute play known as "flash drama" has emerged as a popular sub-genre of the one-act play, especially in writing competitions. The origin of the one-act play may be traced to the very beginning of drama: in ancient Greece, Cyclops, a satyr play byEuripides, is an early example. The One-Act Play, very popular in the 20th century, is regarded by many as a modern product. But this is far from the truth. One-Act Plays were written and staged throughout the 18th and the 19th centuries, as “The Curtain Raisers” or “The After Pieces”. They were chiefly farcial and served to amuse the audience before the commencement of the actual drama or were staged for their amusement, just after it had come to an end. The famous One-Act Play “Monkey’s Paw” was first staged as a “Curtain Raiser” and it proved to be more entertaining than the main drama. It may be said to mark the beginning of the modern One-Act Play. It was great Norwegian dramatist Ibsen that gave to the One-Act Play its modern touch. It was he, who, for the first time, introduced the minute stage-directions into the One-Act Play. Before him one act plays were written in poetry, but he made prose the medium of his one act plays. In short he made the drama, simple and real, and brought it nearer to everyday life. He made the modern One-Act Play what it is and...
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...treatment at work. This treatment includes; 1 – being continuously pressured to go back to part time work, 2 – being treated differently to other employees and 3 – pay rise being turned down after three month probation. This caused you to your workmates making you feel uncomfortable, extremely stressed and anxiety coming to work. Therefore you do have the grounds for a discrimination case. Since you didn’t want to work part time or especially not resign as you wanted to work until September, you have been pressured to resign. This is known as constructive dismissal which is when your employer, in your case Mr. Tenshus, conduct has caused you to resign. Now you have two possibilities to take this case. These possibilities are as follows; 1 – NSW Anti Discrimination Act 1977. This is under state government and law. An important fact you must understand this Act, you can claim up to $40,000. 2 – Federal Court Sex Discrimination Act 1984. This is the Act I strongly recommend you follow as there are more sections you can particularly follow and relate to. First of all you have done the first step by providing a written recount of what has happened in your situation. Your next steps include; how to lodge a claim. This involves notifying your employer, show what has happened and how you were dismissed (in your case discriminated against). Get this in as quickly as possible as there is a time frame. Next step you need to fill out a couple of forms and pay a fee. I advise you to try...
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...The maternity law currently in the United States is named the Family and Medical Leave Act (FMLA). The FMLA is a federal law that “requires employers with 50 or more employees to provide 12 weeks of unpaid leave to employees who have worked at least 1,250 hours in the previous 12 months” ("State Family and Medical Leave Laws"). Also it is “the first job protected national maternity leave policy” in the United States (Berger). This act was the fist medical leave act in United States, made in 1993 to “promote economic stability and preserve family integrity, to entitle employees to take leave for medical reason to care for a child…and to provide equal employment opportunity for men and women” (Berger).The...
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...To do so I will start small and perform an act of kindness for the people I believe are the most worthy of it and ask only of them to pay the act of kindness forward. I hope the acts of kindness will create a chain reaction, resulting in a more positive living environment. The act of kindness has been proven to be powerful. A Ripple Kindness Project conducted in 2012 revealed the positive affects kindness has on people both mentally and physically (Kindness 1). With such benefits, why are these acts not being carried out on a daily basis? I hope to create a ripple effect of my own once completing my acts of kindness. There were so many factors to consider when choosing the acts of kindness I wanted to do. I looked at who I thought deserved the act the most, what act I should perform, whether I wanted to stay anonymous or not, when I should execute the act, and how I should do it. Ultimately, I chose to perform an act of kindness to random men and women in downtown Grand Rapids, my fellow coworkers, and an elderly woman in my Public Speaking class. I chose these particular groups of people for a reason. While analyzing the reactions of the men and women who receive the acts of kindness downtown, I will only have a few seconds before they return to their cars and drive away. However, while studying the reactions of my coworkers and the woman from my Public Speaking class, I will have a longer period of time to take note on how the acts affected...
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...Responsibilities 5 3.2 Working Practices 5 3.2.1 Legislation: Part Time Workers Regulations 2000 6 3.2.2 Legislation: Employment Rights Act 1996 6 3.3 Equality and Diversity 7 3.3.1 Equality Act 2010 7 3.3.2 Internal Working Relations: Race Relations Act 7 3.4 Recruitment and Selection 8 3.4.1 External Working Relations: Sex Discrimination Act 8 4. Conclusions 9 5. Recommendations 10 5.1 Health and Safety 10 5.2 Working Practices 10 5.3 Equality and Diversity 10 5.4 Recruitment and Selection 11 6. References 12 7. Bibliography 13 1. Terms of reference This report has been written by Lisa Milligan referring to the DanIndia Case Study. It is to be submitted to lecturer Anne Marie Clleland on Friday the 16th of January 2016. 2. Procedure The information for this case study had been gathered by the following: • Books • Internet • Interviews • Journals 3. Findings 3.1 Health and Safety DanIndia have had a number of incidents which have highlighted weaknesses in the company’s current Health and Safety procedure. Together, staff and management have decided to receive training regarding Health and Safety legislation. The company believe that this training would prevent carelessness, therefore DanIndia would not unintentionally break the law. There are three sources of Health and Safety Legislation in Scotland, however, the main legislation is covered by the Health and Safety at Work Act (1974). In order to maintain legislation, there are general responsibilities...
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...HEALTH PROFESSIONALS COMPETENCY ASSURANCE ACT The Act was passed by Parliament on 11 September 2003 and received the Royal assent on 18 September 2003. The Health Practitioners Assurance Act came fully into force on 18 September 2004. Not all the Health Care professions are regulated under this Act. And the profession that is not being regulated under this act does not mean that profession lacks the professional standards. Some of the professionals are not regulated under this act because they pose a very little risk of to the public; some are not regulated because they work under the supervision of a regulated profession; some are regulated in the other ways. For example, they may be regulated through their employer or self-regulated by their profession.( Ministry of Health – Manatū Hauora, 2012) The Health Practitioners Competence Assurance Act (2003) aims to protect and promote safe practice of health practitioners. It introduced a new process whereby health professionals are required to demonstrate competence annually in their scope of practice before they are issued with an annual practicing certificateHealth Practitioners Competence Assurance Act,2005) Important key protections are in place, with provisions that will ensure that: * only the health practitioners who are registered under the new Act will be able to use the titles protected by the Act or claim to practice a profession that is regulated by the Act * registered health practitioners will...
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...What is the ACT Aspire Test? Colleges accept both SAT or ACT test results for determining that a student is academically ready for college. While some students take both tests, others choose one. The ACT is described as more of an achievement exam, while the SAT requires more reasoning skills. The ACT is comprised of multiple-choice questions in the areas of English, reading, science, mathematics, and includes an optional writing test. Many school districts have taken measures to buildup participation in the ACT and optimize student outcomes. ACT Aspire is the latest curriculum-based program for elementary through high school students, designed specifically to: provide early assessment of student progress; enhance college readiness; and...
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...Legislation relating to working hours and remuneration include; The Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2002. The Working Time Regulations 1998 establishes the limits on working time and entitlement to periods of rest between the time of work, within breaks and paid annual leave. The Working Time (Amendment) Regulations 2002 was established in April 2003. This Act states the restrictions on the working time for those aged 15 to 18, the restrictions include limited hours per week and also they cannot do night shifts. Those individuals who are over the national school age may work during the night. The Working Time (Amendment) Regulations 2002 provides rights and provides protection. The rights and protections...
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...Legislation Acts Interpretation Act 1901 (Cth) | Purposive approach- S 15AA (1) – have regard to objects and purposes that Parliament was seeking to achieve Use of extrinsic material- S 15AB – courts may look at extrinsic material such as Parliamentary debates, reports of law reform commissions etc Rules as to gender and number s 23 In any Act, unless the contrary intention appears: (a) words importing a gender include every other gender; and (b) words in the singular number include the plural and words in the plural number include the singular. Meaning of certain words S 22 (1) In any Act, unless the contrary intention appears: (a) expressions used to denote persons generally (such as “person”, “party”, “someone”, “anyone”, “noone”, “one”, “another” and “whoever”), include a body politic or corporate as well as an individual; (aa) individual means a natural person; (b) Month shall mean calendar month; … Similar: Legislation Act 2001(ACT) ss 139, 141-143 Interpretation Act 1987(NSW) ss 33 and 34. | Australia Acts 1986 | made Australia and the States fully independent in their law making powers. | Colonial Laws Validity Act 1865 | The purpose of the Act was to remove any apparent inconsistency between local (colonial) and British ("imperial") legislation. | Commonwealth Constitution (s109) | If there are inconsistent laws made by the Commonwealth and the States, the Commonwealth law will prevail | Free trade (S92) | The federation and free...
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