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
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Chief Officer of a non-profit community hospital was out of the country on vacation. A majority of the staff could not make it in for their shifts. Patient units were understaffed and the day shift personnel were forced to work overtime. The nurse on duty left to get dinner. As a result, several injuries from falls out of beds and a death from wrongful medication occurred. There are multiple issues in question in this scenario. The objective of this paper is to identify the legal, ethical and professional
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Lister v Hesley Hall Ltd [2001] UKHL 22, [2002] 1 AC 215, [2001] 2 WLR 1311, [2001] 2 All ER 769 HL Summary The defendants ran Axelholme House, which was attached to Wilsic Hall School in Doncaster. Local authorities would send children to the school and they would board at Axelholme House. The defendants employed Mr and Mrs Grain to run the house and maintain discipline. The claimants stayed at Axelholme House between 1979 and 1982. During that time they were sexually abused by Mr Grain. They sued
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Employers Duty of Care 1. Explain whether Jake’s actions are “in or out of his scope of employment.” To determine if Jake’s actions are in or out of his scope of employment, first we must examine what “scope of employment” involves. “Scope of employment” is an employee actively performing a employment task at a particular time for the benefit of the employer that does not involve the employee’s personal business (Halbert & Ingulli,2010). An employee’s scope of employment typically becomes important
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HND BUSINESS MANAGEMENT COURSE: ASPECTS OF CONTRACTS AND NEGLIGENCE FOR BUS [Type text] Page 1 Tables of contents Executive summary-----------------------------------------------------------------Introduction--------------------------------------------------------------------------Case study 1a Augustine and Christina------------------------------------------1b Augustine and Florence------------------------------------------Case study 2a Richmond consultancy business---------------------------------Case
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must establish three things on a balance of probabilities: - *The defendant owed a duty of care *Defendant breached the duty of care *There was damage or injury *No defenses An important distinction that we need to make is for vicarious liability where the employer is vicariously liable for the negligence of the employee, if the employer was negligent during the course of his employment. Duty of Care – the court will ask two questions to determine liability i.e. proximity and foreseeability
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Training and Assessment Training in the health care industry involves a variety steps such as assessment, development and conduct of training and evaluations (Gómez, Balkin, & Cardy, 2012, p. 278). Training and assessment in the health care industry involves skills training, peer training, customer service training, creative training, crisis training and literacy training (Gómez, Balkin, & Cardy, 2012, p. 269). Employees in the health care industry require training and assessments on a daily
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Davis v. The Board of County Commissioners of Dona Ana County What was the legal issue in this case? The legal issue in this case was deciding whether an employer owes prospective employers and foreseeable third persons a duty of reasonable care not to misrepresent material facts in the course of making an employment recommendation about a present or former employee, when a substantial risk of physical harm to third persons by the employee is foreseeable (Walsh
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contract may be defined as an agreement which legally binds the parties. The contracting parties need to meet a number of requirements that are prescribed by the law of contract. These requirements must be met before the agreement creates rights and duties that may be enforceable at law. These requirements are referred to as the elements of a valid contract and consist of the following: Offer A contract is formed when an offer by one party is accepted by the other party. For example, Y offers to
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below. Vicarious Liability This concerns an employer’s liability for the tortuous acts and omissions of employees. [1] An employer is vicariously liable for wrongful acts done by the employee in the “scope of their employment”[1] [2] If a wrongful act of an employee has been authorised by the employer, the employer will be liable [3] An employer is liable even for unauthorised acts, if they are so connected with authorised acts that they may be regarded as modes of doing them
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