Part A Question: “English courts consider substance and not form when determining employment status.” Critically discuss this statement in the context of Employment Law‚ with particular (but not exclusive) reference to “sham” contracts. Today‚ many would agree with this statement as an employment status has become a question of fact rather than a question of law. However‚ it was clear that the preferred view taken by the courts after Lord Griffiths’ famous comments in Lee Ting Sang v Chung
Premium Employment Contract Trade union
why should you at least consider those statutes? Mention at least two statutes and why you believe they might be relevant to the fact scenario. (2 marks) Hint: the common law is not a statute. The legislations that should be considered when evaluating the above scenario are the Ontario Human Rights Code (OHRC)‚ the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). I believe that the OHRC is relevant to the above scenario because if an employer has decided to terminate
Premium Employment Trade union Termination of employment
organisation’s employment policies and procedures that guide you in good employment practices. (The statutory requirements and organisational policies should include the employment relationship‚ discrimination at work and fair employment) Briefly explain why diversity is important in your workplace and the consequences of not complying with diversity policies. The main provisions of statutory requirements for the employment relationship‚ discrimination at work and fair employment. The main legislation
Premium Discrimination Employment
service (rather than for). To determine this‚ there are multiple legal tests that should be considered including‚ the ‘control’ test‚ the ‘organisation’ test‚ the ‘business’ test and finally the ‘multifactor’ test. The Control Test is made up of three different facets of control‚ the ‘right to control’‚ ‘individual skill and judgement’ and ‘control over how work is done’. When considering the ‘right to control’ it must be considered whether control needed to be exercised or exercisable. In this
Premium Employment
University of Phoenix Chris W. Poe LAW/531 Discussion Questions Maurice Rosano Discussion Questions 1. What is one way the U.S. legal systems affects U.S. businesses? Answer: There are several ways the legal system can affect businesses but the one way the U.S. legal system affect U. S. businesses are the antitrust law which changed the way businesses operate. This law controlled some a banned others in the way businesses compete/operate. This law would hinder business from competing
Premium Common law Risk management Alternative dispute resolution
Ryan Plunkett Assingment 2 Treceno 1. On Friday March 16‚ 2012 14 workers of the Elizabeth R. Wellborn law firm in Deerfield Beach FL were fired for wearing the color orange to work. During the course of the work day the 14 employees were called into a conference room and told by management that they had interpreted the practice as some kind of a protest. One of the employees then responded by saying the group was wearing orange in order to promote that they were all together when they planned
Premium Employment Termination of employment Lawyer
Business Regulations Simulation Law/531 Business Regulation Simulation When conducting business whether it is local and global‚ big or small organizations have to abide by state and federal laws. Depending on the nature of the business different organization has to comply with certain laws and regulations. For example‚ retailers like Wal-Mart‚ Target and Kroger have to comply with the Department of Labor and a manufacturing company like LM Fiberglass and Toyota would
Premium Tort Negligence
ADR Daniel J. Navatta LAW/531 January 17‚ 2011 Michael Kelley While working as a team it is important that all members set goals and agree to work together. In order to come to a common goal each member must set guidelines and follow them‚ in order to achieve success. In an instance where team members can’t agree on a certain
Free Alternative dispute resolution Dispute resolution Mediation
Running head: TRADITIONAL AND NONTRADITIONAL LITIGATION PAPER Traditional and Nontraditional Litigation Paper Week One Name Law/531 Date Instructor For many years‚ litigation has been the one thing in reference to the law that traditionally resolves lawsuits and disputes. There are many facts that need to be considered when one compares or contrasts traditional litigation methods to the nontraditional litigation
Premium Dispute resolution Alternative dispute resolution
Litigation and Alternatives Video LAW/531 October 10‚2012 Litigation and Alternatives Video Quick Takes Video was interested in an editing system by NonLinear Pro they saw at a trade show. After three weeks Quick Takes decided they were not interested in the product because it performance did not meet the company’s expectations. Quick Takes Video contacted NonLinear Pro that they could pick up their product only to learn that NonLinear Pro expected five thousand dollars as per the lease
Premium Dispute resolution Jury United States