Critically evaluate the remedy of constructive dismissal and the way Essay

Critically evaluate the remedy of constructive dismissal and the way it works; and discuss the difficulties involved in using it (include case-law on what is - Essay Example Other factors that might trigger constructive dismissal are making significant changes in the employee’s job location at short notice, falsely accusing an employee of misconduct6 such as theft or of being incapable of carrying out their job7 and excessive demotion8 or disciplining of employees. Those claim constructive dismissal are expected to have resigned soon after the incident happened that forced them to resign. The court in Courtaulds Northern Textiles Ltd v Andrew9 made the point that ‘An employer must not, without reasonable or proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between the employer and the employee’. In a guide published by the Department of Trade and Industry on Employment Policy and Legislation 6 Jan 2007 guidance is issued to employers on ways in which dismissal should be conducted so that claims of unfair dismissal or constructive dismissal cannot be brought by employees10. Those who can constructive dismissal are also entitled to claim for unfair dismissal and frequently someone alleging constructive dismissal will also bring an action for unfair dismissal. For a tribunal to agree that an employee has been constructively dismissed the employers action has to be such that it can be regarded as a significant breach of the employment contract indicating that he or she intends no longer to be bound by one or more terms of the contract: an example of this might be where the employer arbitrarily demotes an employee to a lower rank or poorer paid position. In order to claim constructive dismissal the employee must satisfy 4 elements. Firstly there must be a breach of contract by the employer. This may be either an actual breach or an anticipatory breach (e.g. the employer refuses to ensure the safety of your client by agreeing to transfer the harasser if your client returns to work).

Spration of power Essay Example | Topics and Well Written Essays - 1000 words

Spration of power - Essay Example Congress investigations are not limited to oversight of the judiciary or executive, but other matters of national interest that require future legislation. Some of the matters that Congress has investigated include the activities of Ku Klux Klan, Interstate commerce, Vietnam War, organized crime and Wall Street banking practices (Hames and Ekern 101). Congress investigated President Nixon conduct in Watergate scandal that led to resignation of the President. Generally, the power of Congress to investigate and obtain information is broad and Supreme Court has affirmed that such power is essential to the legislative function. The Congress investigations powers were confirmed in the case of McGrain v Daugherty that arose from Harding Administration scandals. The Senate Committee investigated the failure of the Attorney General to prosecute violations of federal law. Mally S. Daugherty, the Attorney General did not honor Congress summons and applied to US District Court in Ohio for writ of habeas corpus. The District Court restrained the Senate from arresting Daugherty, but the Supreme Court reversed the opinion by outlining that that Congress had power to compel testimony that could be used for legislative purposes (Rosenberg 3). The Supreme Court held that a ‘legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation will affect or change’. In the case of Watkins v United States, the court held that the power of inquiry was broad and inherent in the legislative process thus encompasses inquiries related to administrat ion of current statutes and proposed or needed statutes (Rosenberg 3). The Courts also extended the investigative powers from wrongdoing to include corruption, wastage, inefficiency in Federal Government departments thus allowing Congress to inquire and publicize corruption and other malpractices in government agencies (Rosenberg 3). Congress has investigated violations

Sexual Harassment in the Work Place Research Paper - 2

Sexual Harassment in the Work Place - Research Paper Example This paper highlights that the actions carried out include patting, touching the other person in sensitive areas like buttocks or breast area. The behaviors can also include the use of unwelcomed bodily contacts to the other party. Verbal behaviors can also be termed to be sexual harassment to some extent. The use of comments to the other person on their clothing, body or looks cold easily make the uncomfortable and this might not go down well with them. The use of offensive jokes especially if they are sexually oriented can also be included in this category of behaviors.From this study it is clear that non-verbal behaviors  can easily be confused with those of physical behaviors, non-verbal behaviors do not necessarily have to involve physical action. This category involves behaviors such as repeatedly glancing and staring at a person in a manner that makes him or her feel uncomfortable or even the use of obscene gestures towards other people. It might also involve the display of sexually suggestive photos and pictures that can humiliate or embarrass the other person. There are several ways that can be used I the prevention of sexual harassment in the workplace. Some prevention techniques might involve the use of legal actions in the court of law while others might involve the use of disciplinary measures that have been set by the organization. The following are some of the ways that can be used in the prevention of sexual harassment in the workplace.

DQ-4-Sheila Essay Example | Topics and Well Written Essays - 1500 words

DQ-4-Sheila - Essay Example All these implying that organizations are to start getting ready to adopt the advanced internet applications that are expected to rise soon. Due to these many benefits, organizations incorporating this change will have to clearly choose its operational strategies on whether or not to align its internet use at both departmental levels and organizational levels aiming at yielding high production levels. Internet use at any organization ought to be decentralized. To elaborate this, we need to put into consideration on how organizations were like before the advent of internet technology. During the genesis of internet use at various organizations, almost every other employer at different departments was hardly in a position to have any of the internet related computing devices at their disposal (Bullmore & Sporns, 2012). The type of data usage was determined by the mainframes run by the organization where the center staffs were having control over the input and output at each and every step of the whole process. Upon request, the trained personnel that were able to program these mainframe machines were able to generate data along with information needed by the organization, for example in the processing of payrolls. It is essential to note that most of the staff at different departments was ignorant when it came to this new way of processing data as it was only a task left for the In formational Technology (IT) departments in the organizations. As a result, the ignorant individuals became frustrated on the usage of this new technology. Recently, internet use at organizations has been shown a decentralized trend contrary to the later where it was centralized. As internet hardware and software became more cost efficient and reliable, organizations realized the need to make this process of internet use to be of independent in nature (Petter&DeLone, 2013). The inquiry, therefore, is to whether internet use may be

LG Electronics Essay Example | Topics and Well Written Essays - 1250 words

LG Electronics - Essay Example Recently, it has included Mobile Phones with various specifications in its enriched product line up. The company’s annual turnover in the year 2009 has recorded 13089 crores (LG Electronics, 2012). In relevant to the company’s various products, the two divisions i.e. the home appliances and the electronics goods are located on the Boston Consulting Group Matrix (BCG) where the upper right quadrant is the electronics division and the lower left quadrant is the appliance division. The BCG Matrix introduced by Boston Consulting Group, is an instrument that allows the company to evaluate and to classify its products as well as services. Furthermore, it is a decision making tool that helps to balance the activities of an organisation related to the products that make profits and signify growth in order to sustain the future of the company. The matrix helps to implement the development policies of the company. The BCG matrix positions the products in two ways, namely, the rat e of growth of the market and the market share of the product contrary to its competitors (Luxinnovation G.I.E, 2008). Findings The structure of BCG matrix consists of four quadrants namely, Stars, Question marks, Cash cows and Dogs. In this context, the two divisions of the company are located on the Question marks and Cash cows. ... The company emphasised on capturing higher market share by sales maximisation. However, the presence of fierce competition due to a number of competitors such as Samsung which offers products targeted to the entire age groups and classes of society, barred LG from penetrating into new business markets and attaining higher share of the market. The cash cows quadrant consists of products that generate higher profits in a short period of time which need to be replaced because of the low growth in the future, as a result of that the investments are comparatively lower. Moreover, the products in cash cows should be profitable as they are able to finance other activities in the stars and the question marks (Scribd Inc, 2012). LG’s home appliances are its core products that the company is based upon. The 60 inch Plasma Display Panels were the world’s first, to be introduced by the company in the year 1998 (LG Electronics, 2012). In the following years, the company developed va rious creative and innovative products which ultimately raised huge market share and facilitated the company to generate huge profits. Its low cost features and maintenance free appliances have ensured the company’s products to be present in almost all the households thereby, satisfying and growing among its targeted segment, mostly the females in the family. Recommendations The smart phones introduced in the markets are required to go through a drastically innovative change that will allow the product to mark a presence in the market and compete against its rivals. It has been noted that the company priced its mobile phone devices at a comparatively cheaper prices in order to target the middle and lower class people. However, in following this strategy the company relied more on providing

Contract Law, Case Study Coursework Example | Topics and Well Written Essays - 1000 words

Contract Law, Case Study - Coursework Example 5 if â€Å"horse was lucky for him.† It was held that this statement was too vague to become a valid offer. The buyer did not clearly state that in what way the horse should have been lucky for him. There are also statements made that are mere queries for more information. Such statements also do not become a valid offer. In Harvey v Facey2, the plaintiff was interesting in buying land which had not been advertised for sale by the owner, the defendant. The plaintiff asked the defendant for the lowest price that he would be accepting for the land. The defendant replied with a price and the plaintiff tried to accept it. It was held that the plaintiff could not accept that price because there was no offer by the defendant. There was a price but no intention to sell the land in the reply of the defendant. It was just an early step in the process of negotiation. An offer is meant to be the last word of the parties to a contract. This is why a counter-offer revokes the original offe r. In Hyde v Wrench3, the defendant offered to sell his land to the plaintiff for ?1000. The plaintiff said that he would pay ?950 instead. Later, he agreed to pay the full price but heard nothing from the defendant. It was held that the offer to sell the land at ?1000 had expired when the plaintiff made a counter-offer. Therefore, the original offer was no longer open for acceptance. It is essential that both parties must agree to the same thing in the same sense. An offer must be communicated to the offeree. It is deemed to be communicated to the offeree when it comes into his notice. The offeror can put a stipulation on his offer regarding its acceptance in time. If the offer is not accepted within that time, it is revoked. An offer can be revoked at any time before it has been accepted. If an offeree wants the offeror to keep an offer open for acceptance, he must pay a consideration for it. In Routledge v Grant4, the defendant promised to keep his offer to purchase the lease of the plaintiff’s house open for acceptance for six weeks. He changed his mind and communicated to the plaintiff that he had revoked his offer. The plaintiff claimed that the defendant was bound to keep his offer open and he had breached his promise. It was held that the defendant was not bound to keep his offer open because the plaintiff had not paid him any consideration for it. It is important to note that such revocation of offer is not valid unless it is communicated to the offeree. Acceptance is the next step in the formation of a legally binding contract. Acceptance must be a mirror image of the offer in the sense that the acceptor must agree to the same things that are presented in the offer in the same sense. In Jones v Daniel5, the plaintiff sent an acceptance message to the defendant in which he included new terms. The defendant refused to enter into a contract. It was held that the acceptance was a qualified acceptance and not valid. It was a counter-offer and the d efendant was not bound to accept it. An offer may be conditional but it is not the case for acceptance. An acceptance must be firm and absolute. There must also be a consideration for both parties to a legally binding contract. Consideration can be regarded as the price of a party’s promise. Consideration must be sufficient. It must be of a material value. Also, the parties must have an intention to be legally bound under the agreement. If there is no such intention, the

CNN And FOX News Essay Example for Free

CNN And FOX News Essay I chose to view CNN and Fox news to investigate the difference between how they relay information to the public. I have read that CNN publishes real news and that Fox is just an informational entertainment station filled with opinions about the news. Immediately it is seen that CNN is very detailed in their broadcasts. Upon watching several stories from both channels, I have found that they basically convey the same exact news stories, just in different ways. CNN was only a 30 minute segment but they thoroughly covered the most important world events. Fox News was an hour long segment and briefed the world news events. This is understandable since Fox news is a local station, they had to spend a majority of the air time on local news. Both stations do however relay the news in a bias manner. For example, both channels discussed the recent Teacher strike in Chicago. CNN spent about 4 or 5 minutes on the story stating that the teachers have come to an agreement and the children will be able to return to school on Wednesday. A 2 hour meeting with about 800 union officers and delegates concluded with a contractual agreement which would need to be ratified by the teachers and support staff and union members. The Chicago Mayor Emanuel was pleased with the results stating that it was an honest compromise. The students will suffer with a longer school day but they will be returning to school, which in turn will allow the parents and care givers to return to work. The coverage of this story on Fox news was minimal, lasting about 2 minutes. It was just brief details stating that the teachers and union members had reached and agreement and that the students would be returning to school after missing a full 7 days of class. Also, a topic of the news that was presented on both channels was the horrible situation in Afghanistan. CNN had an extensive small segment on the things that were transpiring as well as a short interview with some of the people in Afghanistan. The segment lasted about 5 minutes on CNN it was stated that the U.S. coalition is gradually transferring control to Afghan  authorities but as of now the war is not over. There are still tens of thousands of American forces there dealing with what they call â€Å"green† and â€Å"blue violence. There were a total of 6 U.S troops killed last week by Afghan allies. There were also 6 jets destroyed. When this story was aired on Fox News there wasn’t that much detail. The segment only lasted about 3 minutes on Fox News. It was only stated that there were four troops killed on Sunday and 2 more killed on Friday of last week. Fox also stated that there was a raid on a military base by 15 insurgents and six jets were destroyed. Four teen of those 15 insurgents were killed. President Obama’s job in the White House thus far was also a topic discussed on both channels. CNN spoke on this topic for about 9 minutes and commented on how the President is quickly making progress towards recovering the U.S., and has a big agenda for the future already planned compared with past presidents. The news reporter described this facet as â€Å"breath taking† and â€Å"stunning.† Fox news discussed the president and the upcoming election for about 5 minutes, and as could be expected, completely had the opposite view on this. They maintained that the President is taking on way too many different tasks at once per his quote, and that it is absolutely crazy for him to think he will get everything completed in two terms should he be re-elected. The news reporter said that he should stop misleading the American people and pick one or two big issues to cover in his agenda, and just maybe he will be able to address those in a believable manner. Fox News also spoke of the uproar that comments made by Romney about â€Å"47% of Americans being dependent upon the government backing the President† No comments were made about this video on CNN. I have never actually watched various news channels like this. I usually catch the local news on Fox and then the world news on ABC. I enjoyed the CNN broadcast. If was much more informative and it not only covered the large world stories but it touched on some of the smaller things happening in the world as well.