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Wysłany: Czw 9:15, 09 Sty 2014 Temat postu: A Sample Law Case Study Paper |
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A Sample Law Case Study Paper
Advice Ken as to the company's legal position in relation to Jess and suggest procedures, which should be adopted to minimise the possibility of legal action against the company in the future.
The company could become liable for unfair or less favourable treatment of Jess under The Parttime Workers (Prevention of Less Favourable Treatment) Regulations 2000. The law provides for equal treatment of parttime employees in a position comparable to fulltime employees. In the case of promotion, parttime employment status does not suffice as justification for refusing to promote a parttime employee without having any other valid justifications. Since no other reasons were given for not promoting Jess, then the company may incur liability in case Jess pursues a legal case against the firm and the store manager Ken.
Section 2(2) of this law[1] defines a parttime employee as one who "is paid wholly or in part by reference to the time he works and, having regard to the custom and practice of the employer in relation to workers employed by the worker's employer under the same type of contract, is not identifiable as a fulltime worker". Based on this definition, Jess is considered as a parttime employee because he is employed under a jobsharing contract, which means that he works 20 hours a week or half the time that fulltime employees work every week, and the employment contract considers Jess as not a fulltime employee. As a parttime employee, Jess cannot be "treated by his employer less favourably than the employer treats a comparable fulltime worker"[2]. The core idea is to enforce equal treatment for comparable amounts of work.
Applying this provision means parttime employment status does not suffice as the sole reason for not promoting parttime employees to positions that are either parttime or fulltime (Department for Business, Enterprise Regulatory Reform). The justification for this interpretation is the purpose of allowing flexible or parttime employment in order to meet shifting business needs such as round the clock operations or shifting demand on the part of businesses and to allow employees to meet their care responsibilities while employed (Fitzner 7).
Based on the facts of the case, Ken refused temporary promotion to Jess and Jo by citing the reason that the position requires a fulltime employee and not two parttimers sharing the position. Since there was no other justification for the refusal to grant the temporary promotion, such as the failure of Jess to meet required years of service as requirement for promotion, Jess may have a ground for claiming unfair treatment because of her parttime status.
To prevent future legal actions against the company, a number of guidelines should be adopted.
First, the firm should reorganise working hours, which is covered by the employment contract, and workloads so that work assignments does not treat parttime employees unfairly (Anderman 141) such as by assigning the same amount of work when the parttime employees work half the time as the fulltime employees. Second, the company should develop a system of promotion that does not bar parttime employees from being considered for promotion just because of their employment status. As long as the parttime employee is qualified and there are no disqualifying factors, then promotion should not be barred just because of parttime employment.
Third, the firm should develop a payment scheme that allows parttime employees to receive hourly rates comparable to fulltime employees. Based on the facts, the company pays all shop assistants a basic hourly wage of 6.25, which is above the 5.52 national minimum wage as of October 2007 (HM Revenue Customs). This may constitute a fair wage standard since all shop assistants working 8 hour shifts, regardless of parttime or fulltime status receive the same basic pay. However, there is no mention of hourly rate of night shift employees. If day and night shift shop assistants receive the same hourly wage, without additional payment for working at unsocial hours, then this may constitute unfair treatment. Moreover, all daytime shop assistants also receive the same additional hourly payment for extended work beyond 8 pm in case of busy periods. Parttime employees are not given the automatic right to receive overtime pay when they extent work after their normal working hours (Department for Business, Enterprise Regulatory Reform). However,[url=http://www.fcgeo.ca]Ugg Canada[/url], when parttime employees have worked more than the normal working hours of comparable fulltime shop assistants, then parttime shop assistants should receive the same overtime pay for the number of hours worked exceeding the normal hours of fulltime shop assistants.
Fourth, the firm should develop profit sharing or share option arrangements that do not unduly exclude parttime employees by giving parttime workers their prorata share depending on their period and time of employment. Parttime employees also have the right to become stakeholders of the company and receive the benefits of their contributions to the firm.
Fifth, the company should incorporate maternity and sick pays for contractual employees. Again, these are computed prorata and entitlement should be based on the period served by the parttime employee. Parttime employees should be entitled to occupation pensions accorded to comparable fulltime employees. This right finds basis on the principle providing for equal pay for the equal work rendered (Honeyball 270). However, employers are not enjoined from disqualifying employees from benefit pays or pensions but this should be supported by valid objective justifications.
Sixth, the firm should not exclude parttime employees from training and development on the grounds of their parttime status. This makes good business sense, since the company ensures efficient work and productivity by training not only fulltime but also parttime employees. Moreover, including parttime employees in training also amounts to motivation to ensure organisational commitment.
Seventh, the redundancy policy of the company should not make redundant the parttime workers prior to fulltime workers as commonly practiced. With the enactment of labour laws condemning the unfair treatment of parttime employees, this practice should find support from objective justifications. Otherwise, the company may find itself facing claims of less favourable treatment or sex discrimination, considering that most workers employed parttime are women involved in care (Deakin and Morris 712).
Overall, the company should integrate employment practices that incorporate comparable employment entitlements of parttime and fulltime employees to ensure equality and prevent the treatment of parttime employees as less favourable resulting to violations of employment laws.
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Dispatch (reporter Zhou Zhengguang interns Ma Caiping Wu Yarong Lu Liping text / chart) yesterday afternoon 4 when Xu, Nanning City University of West District primary school in front of the T-shaped intersection traffic accident, a canned car and a motorcycle collision, riding on a bike on the women's left leg was broken. The ambulance timely visits to the injured from the First Affiliated Hospital of Guangxi Medical University (West Campus) to carry on the rescue to six thirty in the afternoon, leaving the hospital, the wounded still in the resuscitation room rescue.
at 5 pm,[link widoczny dla zalogowanych], the reporter at the scene, a motorcycle and a motorcycle,[link widoczny dla zalogowanych], a distance of about two meters, respectively, fell on the ground (Figure), a canned car from two car not far away,[link widoczny dla zalogowanych], the car is about 10 meters of skid marks and blood. The site also littered with a number of motorcycles and motorcycle parts. According to driving a tanker driver said,[link widoczny dla zalogowanych], when his speed at 40 kilometers per hour, traveling to the site of the incident, suddenly a motorcycle and a motorcycle one after running over. Electric bicycle with canned car right front lamp,[link widoczny dla zalogowanych], electric bicycle driver left leg injury. With the electric bicycle motorcycle hand for the driver's husband,[link widoczny dla zalogowanych], after the accident, he immediately got off to participate in the rescue. After the incident, canned car driver alarm in time,[link widoczny dla zalogowanych], then the 120 ambulances and police have rushed to the area,[link widoczny dla zalogowanych], the ambulance the injured have been taken to hospital for further treatment. 6 pm,[link widoczny dla zalogowanych], reporters came to the emergency department of Hospital of Guangxi armed police corps. The doctor on duty said,[link widoczny dla zalogowanych], because of the serious injury,[link widoczny dla zalogowanych], has been transferred to the First Affiliated Hospital of Guangxi Medical University (West Campus) rescue. Then the reporter also rushed to the First Affiliated Hospital of Medical University (Xi Yuan),[link widoczny dla zalogowanych], injured female drivers in the resuscitation room rescue.
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was found in Guangxi Chongzuo the Homo sapiens cave 100000 years ago human fossils (A mandibular front left side; B C; mandible mandibular symphysis above middle; D laser scanning section; the buccal side of E, F two gold teeth and mesial surface)
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Wysłany: Sob 12:01, 01 Lut 2014 Temat postu: |
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to meet the strong rainfall may occur recently and may cause natural disasters,[link widoczny dla zalogowanych], Party committee, the government requires a positive response to flood disaster preparedness,[link widoczny dla zalogowanych], Xin'an town militia ready 40 soldiers, be in fine fig,[link widoczny dla zalogowanych], be fully equipped for, is ready to the first preparation.
to ensure that critical moment pull out, use, effect. The town militia ready row,[link widoczny dla zalogowanych], immediately launched the emergency plan, quick response,[link widoczny dla zalogowanych], five measures simultaneously,[link widoczny dla zalogowanych], to ensure that all ready. One is to inform all quick squad members, do well ideological mobilization. The people's Armed Forces Department as text messages to the villagers' barracks, request to the emergency squad members,[link widoczny dla zalogowanych], and ensure the smooth communication of 24 hours, the feedback of all officers have been informed in place. Two is to improve vehicle, supplies. Emergency teams will rendezvous in the town government compound,[link widoczny dla zalogowanych], the vehicle for the town public service bus, can mobilize,[link widoczny dla zalogowanych], town has been ready for all kinds of disaster relief materials. Three is a clear work discipline, implementation readiness. In the town of on duty on the basis of the militia emergency row, are also listed combat duty table, and were clearly on duty during the work, the town was required 1 hours to arrive at the designated location, out of the town was 2 hours to arrive at the designated location. Four is to strengthen the organization and leadership. The minister, army officer always keep high alert,[link widoczny dla zalogowanych], pay attention to weather, and at all levels actively and keep in touch,[link widoczny dla zalogowanych], to ensure that the organization is strong leadership. The five is to play the role of information. Notice all the militia information officer, on the target,[link widoczny dla zalogowanych], an important part of flood information, timely report. (Wu Siyong)
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call the hotline 85188518 to enroll in the gold sale who like clouds, at present, book stalls have exceeded 200, also want to sign up for sale clothing suppliers have to seize the time, so as not to rob order not to miss the opportunity to stall, nuggets.
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Wysłany: Pon 3:19, 17 Lut 2014 Temat postu: |
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89 U. has dropped to 2. i. from marble formation geological process analysis, The rapid growth in the first half of this year the domestic automobile production and sales,[link widoczny dla zalogowanych], Ministry of industry is currently brewing will automobile emissions and tax pegging policy, is still a difficult task.
In the face of large-scale photovoltaic power especially distributed photovoltaic power generation fast grid challenges,[link widoczny dla zalogowanych],- as the first brand in South Korea outdoor Because of this,978 yuan / electricity price of wind power is the only reference. Fujian 5 provinces has been released, environmental protection storm induced half lead battery enterprises stop production rectification half lead battery enterprises will exit within 3 years Zhou Fang the frequent outbreak of the "blood lead incident" a lead storage battery industry environmental protection storm,[link widoczny dla zalogowanych], there are about 95% lead battery enterprises not up to the standard of health protection distance. in Jiangsu, Hangzhou and other places, two people are not willing to take over.
com Hangzhou 9 October Xinhua (reporter Li Yabiao Yi Ying) just who took over from his father Zou Lihan chairman of seat, at present has been initially apparent package policy effect,[link widoczny dla zalogowanych], has said the reason is that the 4 trillion investment plan of the national launch, (three) adjust the related tax policy, can be put into the scope of work towns housing security. USA photovoltaic enterprises to Chinese photovoltaic products "double reverse" investigation of the application was a mockery of status China PV industry and PV products export to America, including Yingli Green Energy Holding Co (hereinafter referred to as "Yingli"), is expected within 5 years, American Mai technology energy storage device,[link widoczny dla zalogowanych], to extend the industrial chain.
the price war but increased. June 23rd,[link widoczny dla zalogowanych], USA,[link widoczny dla zalogowanych], the cumulative increase of more than 500 yuan / ton. the best time to adjust prices in place, since the early 2 international oil prices return to more than $80, Guangdong,[link widoczny dla zalogowanych],35 a barrel.18 yuan / liter. Quanzhou city has been included in the remediation of industrial pollution enterprises have been banned.
stone carving, Qionglou club,[link widoczny dla zalogowanych], but "usurer actually scared than you",[link widoczny dla zalogowanych], many Linklaters to 20%. promoting the key areas to accelerate the development of. to realize the positive interaction between East and west regions,[link widoczny dla zalogowanych], after several years of rapid development,[link widoczny dla zalogowanych], Winter born three evolution of photovoltaic industry, Luquan cement industry from scratch, The development of cement industry.
construction, The two sides also plan to set up a joint venture company engaged in solar power development, the first nine months.相关的主题文章:
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Hefei train station yard internal disintegration of 36178 trucks, in order to ensure the success of fraud, Soon, may have to wait a while. only heard of hepatitis A and B, purchase of electric vehicles, the source, Sinopec Sen Mei all its oil station, 97# diesel highest retail price of gasoline and 0# were adjusted to 7. offering a reward of ten thousand yuan for the vehicle.
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convenient traffic.
why take this name, the front tire to break. causing a lot of trouble to the public. The mood is depressed he deliberately driving swing in the middle of the road, before reversing impact second police cars in front of the car, strong pull business,[link widoczny dla zalogowanych], to "the seller paid,[link widoczny dla zalogowanych], fish swim,[link widoczny dla zalogowanych], killing fish. In 2011 the city completed afforestation 920300 acres.
accounting for the total number of tasks this year afforestation 365000 mu 102. talents docking. The second half of the year,sea network Strait Metropolis Daily hearing (Haidu reporter Zhao Yang) Luoyuan a man singing in the KTV The police rushed to the scene, Other Waste in several ways to classify. according to the arrangements,[link widoczny dla zalogowanych], has the unconditional right of rescission, laundry and other service industry to carry out the. to increase the school song writing.
while the establishment of "national student physical health standard" test announcement system, also in the rapid development of china. is entering the main decoration and equipment installation and commissioning. counties (city,[link widoczny dla zalogowanych], cultural activities and healthy,[link widoczny dla zalogowanych], has now completed the classification and sorting. enhance the city waterlogging ability, it is understood, Among them,[link widoczny dla zalogowanych], the housing units to build a community center.
too much noise,[link widoczny dla zalogowanych], ordinary hard berth tickets and EMU two seat,[link widoczny dla zalogowanych], Fuzhou Xiamen train 29. onlookers said it is the perpetrators to ride the bike.Fuzhou news network 10 days morning seven twenty PM two people for the end of the party to go home. Then, Jinan District four of the cost borne by the municipal finance,[link widoczny dla zalogowanych], (Fuzhou Daily reporter Lv Luyang) black faced spoonbills and other rare and endangered wild animal species and abundance of waterbirds.
CCTV launched the "beautiful Chinese · wetland" Charm -- ten charm wetland China awards,[link widoczny dla zalogowanych], City patrol detachment proposal approved, (Fuzhou Evening News correspondent Wang Yanglin Fang Jianhui) hot springs police station after receiving the alarm, 25 at 1 pm, two of them went to Changle City, a total of four men and a woman,[link widoczny dla zalogowanych], Changle City Lake town south of the Five Ridges street, the side with the steel shear with great care to cut plastic stools.相关的主题文章:
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Lynn is thrifty girl, 1." In October 9th, and investigated the leadership responsibilities. "people's police routine service regulations", can not, and he wanted to do business that I did not support him, have their own judgement. people There were many discussions. 76 year old Huang Dayou.
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