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Workplace law and ethics
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Business ethics in regards to business law
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3. The respondent, Mr Stephen Barker, had been employed by the appellant, Commonwealth Bank of Australia, for a number of years before being made redundant in March 2009 as a result of the bank restructuring the Corporation Financial Services (“CFS”) teams throughout the bank. He was informed that his employment with the bank would be terminated if he wasn’t redeployed within four weeks, but in the meantime had to turn in keys, mobile phone, and his access to his company email account, voicemail, and intranet was cut off and as such he did not receive any of the numerous emails that were sent to him about different openings for redeployment. His employment with the bank was terminated after the four week (plus an extra week for being over the
ARGUMENT AND CITATIONS TO AUTHORITY Appellant, Mr. Bubbenmayer was working at BOCA BARGOONS OF MELBOURNE as a “manager” until the time his employment with appellee ended. Under the Fair Labor Standards Act he should have been paid at one-and-a-half-times his regular hourly rate for all hours in excess of forty (40) per week but appellee, Boca Bargoons of Melbourne wrongfully misclassified Appelant, Chris Bubbenmayer as overtime exempt employee in order to avoid paying compensation to which they are entitled during his employment. Appellee violates the federal fair labor standard acts by designating an employee as a “manager” who is entitled to overtime pay when that employee’s primary job responsibilities do not require supervising other
On April 15th, Diane seems to have been laid off but, Andrew did not provide a proper notice of termination to Diane nor indicated that she has been terminated. Diane has an obligation to mitigate. Diane must try to find another job after being terminated but, Diane failed to search for another job which shows she has failed her obligation to mitigate. Diane Pardu should be entitled to severance pay of two days’ wages for each completed year of service, plus five days’ wages. When Diane has been laid off for more than three months, she can treat this layoff as a termination and claim termination pay and severance pay.
Also, Ms. Lawson has a long history of being late, which was overlooked with her quality of work. 2) Client’s Case a) Facts and Laws i) Unlawful Termination: During her time with Greene’s, Ms. Lawson was deemed a professional within the walls
The Industrial Revolution of the nineteenth century changed the European working lifestyles from agrarian to urban. This change of lifestyle happened very quickly, and left thousands of lower class working citizens in poverty. Throughout the nineteenth century several different arguments were made on how to improve the lives of European workers. Arguments made to improve the lives of European workers include: having a stronger government, giving more rights to the working class, turning towards a socialistic government, or simply maintaining the status quo. Documents 3, 7, and 9 claim that having a more involved government will improve living conditions for workers.
NHS and community care act 1990: sets out the duties of local authorities to assess an individual’s needs and ensure that each individual receives the required services to which they are entitled. Human rights act 1998: sets out an individual’s rights and freedoms under the law. Carers act 2004: ensures carers are identified and informed of their rights and that their needs for education, training, employment and leisure are taken into consideration. Mental capacity act 2005: provides the legal framework for acting and making decisions on behalf of those who lack the mental understanding to do so themselves. Safeguarding vulnerable groups act 2006: ensures unsuitable persons are barred from working with vulnerable adults and that employers
The Family and Medical Leave Act The Family and Medical Leave Act (FMLA) of 1993 allows employees who are eligible to take an unpaid leave of absence up to 12 weeks each year from a covered employer for medical conditions that prevent them from performing their job duties or to care for a family member with a health condition (FMLA, n.d.). FMLA allows for prenatal complications, the birth of a child and the adoption or fostering of a child. For an employee to be eligible they must work for the employer at least 12 months and have at least 1,250 hours of work during that previous time (FMLA, n.d.). A private sector employer that employs 50 or more employees within 75 miles of the worksite is a covered employer (FMLA, n.d.).
United Nations Convention of the rights of the child 1989. They have the right to be safe and looked after and children have the right to be protected from harm, injury, exploitation by those who look after them. Education Act 2002 governing bodies, head teachers, local education authority and those who work in schools to work together ensure the safeguard of children and are free from harm. Children Act 2006 out organisations working with children their duties and expectation work together to safeguard children. Children Act 1989 Parent and professionals looking after children ensure the safety of children Protection of children Act 1999 legislations to ensure a system is in place to list individuals who are unsuitable to work with children do not gain employment.
Introduction Employment contracts are designed and delegated through contract of service and contract for service both governed by the common laws. In both types of contracts, the entities involved have specific rights and responsibilities that differ according to the type of contract they are involved in. In this assignment, we will cover the definition of both types of contract. Moreover, this essay will talk about the importance to distinguish between the type of contract and problems faced in it.
As times are changing, many employers are now utilizing the need for including employment arbitration agreements. Furthermore, arbitration agreements are everywhere nowadays and more than likely we have all signed one without actually realizing it. Hence, they see so many advantages by implementing arbitration clauses.
The Impact of Right-to-Work Laws in the United States Labor laws in the United States have a significant impact on citizens. These policies all have a significant impact on working conditions, including wages, hours, and benefits. In recent years, many states have passed a specific labor law called a right-to-work law. Currently, there are 28 states that have passed or have pending right-to-work legislation. Under a right-to-work law, workers are allowed to be represented by a labor union but not pay their membership fees.
As the Chinese economy has transitioned towards a socialist market economy,the purpose of this law is to establish and safeguard the labor system suiting this economy and protecting legal rights and interests of the labour class and strengthen the labour
For the employer, an employment contract gives him/her security that the employee knows what is expected of him/her as well as of all stated terms. This too protects the business as the employer has proof to substantiate any actions or decisions that could possibly result in the employee seeking legal assistance. An employment contract for an employee gives him/her a sense of
The employer may not want to accommodate the employee because it may jeopardize workplace safety, result in poor work performance, decrease professionalism in the
2.1 Identify the main principles of discrimination law in recruitment and selection and in employment. Fixed Term Contracts - Employment Act 2002. Work eligibility. Protection of Freedoms Act 2012 (regulated activities adult/children). Rehabilitation of Offenders Act 1974 (employing ex-offenders).
