1. Do these employer statements constitute an unlawful threat in violation of Section 8(a)(1) of the LMRA? Why or why not? In response to the statements provided by the employer, it is observed that there is some degree of coercion and threatening accusations made in these statements, based upon Section 8(a)(1) of the LMRA. These statements constitute a threat because they demonstrate that the company was making attempts to influence employees regarding the union vote by making viable threats regarding existing benefit packages.
The contracting of the entire department or even a single task to an outside vendor translates to the turning over the management and control of the function to another company. Another reason to not outsource, is to avoid the additional possible security issues that comes with turning your information over to an outside vendor (Bucki, 2012). Risks Associated With Outsourcing When outsourcing to another company there are various risks that come with this process. One risk can come in the form of quality issues. The vendor will be function in effort to make a profit as is with all businesses.
The main legal and financial aspects that our business requires are •Public liability insurance •Health and Safety regulations •VAT on our service Public liability insurance is important for the business because it will pay out in the event that a mistake is made which causes an injury to a member of the public or customer, or which damages their property. Incidents where customers slip or trip over are among the most common accidents which can result in public liability insurance claims. For example, if the customer is injured during an accident while we provide our services then we may be eligible to claim a compensation that public liability insurance covers for our business. The implications of public liability insurance could be that we might not get the right cover for our business as difference between public liability insurance and other forms of cover can be confusing and our individual requirements will need to be taken into consideration in case of claim. As a result, I think that it is important to discuss it with a specialist in insurance industry.
Legally, this could save the company bad publicity, a great amount of stress, and money that isn’t necessary to spend. Setting up mediation to come to an agreement outside of court is best for the company. If that means paying unemployment benefits to someone who has left the company at their own will, then so be it, going to court is risky, time consuming, and can become
However, performance appraisals do have the potential for discriminatory effect. Discrimination may exist in the way that the employer utilizes the evaluations, as well as the manner in which the appraisal is conducted. As the employer, we must consider the impact that the test may have on protected groups as it is being developed. Basically, we need to make sure that we avoid any liability for disparate impact
The CPA or CPA firm would at least have reputational interest in the financial report that it “managed”. This human nature will impair the CPA or CPA firm’s independence, and will decrease the reliability of the audit report. Second, self-interest focuses on the interest of decision makers. The CPA or the individual partner of the CPA firm would probably increase his own compensation by serving as both the entity’s consultant and auditor. On the other side, for the entity, hiring the same firm as both consultant and auditor can save it audit expense, since the CPA or CPA firm has already known a lot about it when performing consulting, thus decreasing its audit hours.
Message 3: Safety Managers concern about injury and damages In the case of the employee slapping a customer, Cost Club could be held vicariously liable for the actions of the employee because the altercation happened during the course of employment. Vicarious liability is often extends from the employee to the employer if the employee is acting within the scope of employment and in this case the employee was on the clock and performing job duties (Bennett-Alexander & Hartman,
The corporate culture within Enron focused on the bottom dollar. It was one of greed, look the other way and competition to excel at any costs. The culture was such that it encouraged breaking/ bending the rules to turn a profit. It was describe as having a culture of arrogance that led their employees to believe they could handle increasingly greater risk without facing any danger. Their accounting system used corrupt measures to show profits.
Occupier’s Liability is primarily concerned with recovering for damages against an occupier for injuries caused by the dangerous state of his/her premises. Prior to its recent recreation as statutory tort, the law was governed by common law rules grounded in the decision of Indermaur -V- Dames. The courts laid relatively gentle burdens on occupiers, depending on the extent to which the entrant's presence on the property was authorised by the occupier or conferred an economic benefit upon the occupier. Thus, an invitee, whose presence was both permitted and economically advantageous to the occupier, could expect the occupier to take care to protect him from unusual dangers of which the occupier was or ought to have been aware. A licensee, on
INTRODUCTION In their day to day lives and interactions, human beings commit wrongs that may cause harm to others whether intentionally or unintentionally as a result, they are made to compensate the injured party or individual who has suffered a loss or injury due to their conduct. These wrongs that human beings commit against each other on a daily basis are called torts. A tort is a private or civil wrong that is independent of a contract. This essay will with references to decided cases, critically discuss the foundation of tortious liability and the purpose of law of torts. NATURE OF A TORT The nature of a tort can best be understood by making a distinction between a tort and a crime.