The Buckley Lj On Employment Law

The Buckley Lj On Employment Law
The Buckley LJ comments set out in Montgomery v Johnson Underwood concerning employment relationship determinations involving 'mutual
obligation' and 'control' concepts, underscore modern English employment law's evolutionary character. The employment law jurisprudence to which
Montgomery v Johnson Underwood contributes is reviewed below. The critical evaluation advanced in the following sections confirms the now
well–entrenched mutuality test is a reasonable means by which this 'familiar but elusive question' concerning 'employee' versus 'independent contractor'
status is consistently resolved. No test devised to deal with highly circumstance–driven legal issues will provide perfect solutions in every case – the
employment agency circumstances considered in Montgomery confirm this observation. The mutuality test delivers an appropriate level of essential
predictability in this area.
The broader Montgomery v Johnson Underwood context
The three–cornered dealings typically arising between a business enterprise, employment agency, and a client the agency places with the enterprise
provide essential context to Buckley LJ's Montgomery observations.
The Montgomery claimant was placed by the defendant agency with the agency's client company as a receptionist. After two years, the agency gave the
claimant termination notice at the company's request. At all material times, the claimant took her day to day workplace direction from the company,
not the agency. However, pursuant
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Briefs Using Firac Method Essay
Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (1976).
Facts: The appellee was terminated from the Lovington Good Samaritan Center, Inc. on June 4, 1974. On June 12, 1974 Mrs. Mitchell applied for
unemployment compensation benefits. She was initially disqualified from seven weeks of benefits by a deputy of the Unemployment Security
Commission. Mrs. Mitchell then filed an appeal, and the Appeal Tribunal reversed the deputy's decision. Mrs. Mitchell's benefits were reinstated on
August 28, 1974. On September 13, 1974 the Center appealed the decision made by the Appeal tribunal to the whole Commission. The Commission
overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then... Show more content on Helpwriting.net ...
At issue is whether the misconduct which warranted the termination rose to the level of misconduct which would warrant the denial of unemployment
compensation. Rodman recognizes the "last straw" doctrine, but contends that the district court erred in applying the rule in this case because her
infractions on February 15 were the result of third parties over whom she had no control. Rodman contends that she may not be denied unemployment
benefits where the "last straw" which led to her termination was not willful or intentional, especially where, under the employer's policy, she could not
have been discharged at all prior to this final incident.
Issue: If substantial evidence existed that Rodman's conduct on February 15, considered in light of the totality of circumstances including her previous
history of personal phone calls and unauthorized visitors, showed a willful or wanton disregard for her employee's interests, then Rodman's benefits
were properly denied.
Rule: We believe that termination for a series of incidents which, taken together, may constitute "misconduct" is distinguishable from termination for a
single incident following one or more corrective action notices. In the latter event, as here, we hold that the "last straw" must demonstrate a willful or
wanton disregard for the employer's interests for unemployment benefits to be denied.

Ethic Situation in the Workplace: The ACAS 2009 Code of...
It is recommended that before Elodie makes any claim to the ET, she first seeks internal remedies such as ACAS . ACAS was first established under
the ER(DR)A with the purpose of helping claimants avoid going to the ET , through promoting the settlements of disputes in a confidential, fast and
cost–effective way. The ACAS 2009 Code of Practice 1 on DGP was designed to help employers, employees and their representatives deal with
disciplinary and grievance situations in the workplace However should Elodie still decide to take her dispute to the ET she would need to be
identified as a employee. The ERA defines an employee as being someone who has entered into or works under a contract of employment and it is
reasonable to suggest... Show more content on Helpwriting.net ...
In order for an employee to make a claim for unfair dismissal they must have worked with the employers for a continuous period of just 1 year.
Elodie satisfies this requirement as she started her employment on 1st February 2010. Prior to the introduction of the DCP, the ET would determine
whether a dismissal is fair by following the Employment Act 2002 however the EA repealed these procedures. Although the code is not legally
enforceable by TULR(C)(A) 1992 the tribunals are required to take the provisions into account when dealing with disciplinary issues. It provides a
guideline which employers must follow in order for the dismissal to be just and fair. The code firstly states that necessary investigations must be held
with the employee in order to establish the facts of the dispute, and should during the meeting an individual be suspended, full pay is necessary. When
JJ had decided to take Elodie through a disciplinary case her employers must have notified her of this in writing beforehand. This written notification
must include relevant information such as adequate evidence or witness statements supporting the alleged gross misconduct. It also confirm the
arranged date, time and location for the disciplinary meeting and should also state that the employee is entitled to be accompanied at the meeting . The
employee is then given 5 days to alter the date and time given for the meeting should her chosen companion not able

European Court Of Justice ( Ecj ) And Choice Of Court...
Brussels I Regulation, where stipulates the exclusive jurisdiction for the designated court in the choice–of–court agreement .
III.MUTUAL TRUST AND RELATED CASES IN RESPECT OF THE BRUSSELS I RECAST
The notion of mutual trust has been used by the European Court of Justice (ECJ) for explaining the important role of mutual recognition in the
Brussels I Regulation in order to require the courts of Member States to comply jurisdiction rules on staying proceedings and declining jurisdiction .
This part will critical analyse the cases involving concurrent proceedings, which applies the jurisdiction rules on staying proceedings and declining
jurisdiction of Member States' courts and assess the nexus between the principles of mutual trust and ... Show more content on Helpwriting.net ...
Legal questions:
This case raises debates about the jurisdiction under lis pendens rule and of the choice–of–court agreement. The Austrian Appeal Court, in this case,
also stayed its proceedings and consulted ECJ about determining jurisdiction, primarily focussed on whether the designated court in parties' agreement
could pass judgement without waiting for the declaration of no jurisdiction of Italian court and whether it could derogate Art 21 of the Brussels
Convention if the duration of proceedings of the court first seised was unduly long.
Finding on the Brussels Convention
ECJ held that the court second seised (Austrian court) must stay proceedings despite being designated in a jurisdiction agreement until the court first
seised (Italian court) determined that the Gasser case was not within the jurisdiction of that court. Furthermore, it is not allowed to ignore Art 21 even
when the court first seised lasted the proceedings much longer than needed. ECJ also accounted for the importance of stringent compliance lis pendens
rule that the Regulation is established based on mutual trust in which Member States consent to trust other's legal systems and judicial institutes .
Gasser and the Brussels I Recast
The findings in Gasser under the Brussels Convention raised strong objections due to undermine the autonomy of parties in choosing the jurisdiction
for their dispute, which is considered as one of the core principle of

Redundancy In Health And Social Care
What is redundancy? Redundancy is a form of dismissal from your job. It happens when employers need to reduce their workforce or move its
operations to a location beyond reasonable commuting distance. Your legal rights To start the redundancy process, employers have to follow a
sequence of actions, in accordance with the Employment Rights Act. If you're being made redundant, you might be eligible for certain rights,
including: redundancy pay a notice period a consultation with your employer the option to move into a different job time off to find a new job You
must be selected for redundancy in a fair way, for example because of your level of experience or capability to do the job. You can't be selected
because of age, gender, or if you're disabled or pregnant. If you... Show more content on Helpwriting.net ...
You're not entitled to statutory redundancy pay if: your employer offers to keep you on your employer offers you suitable alternative work which you
refuse without good reason Whether a job is suitable depends on: how similar the work is to your current job the terms of the job being offered your
skills, abilities and circumstances in relation to the job the pay (including benefits), status, hours and location You can calculate your redundancy pay
at: www.gov.uk/calculate–your–redundancy–pay Was it fair? If you suspect that your redundancy is in any way unfair, you can appeal the decision
and ultimately take your employer to an employment tribunal for unfair dismissal. If you belong to a trade union, they're usually a good first port of
call in such cases. Another is ACAS, the Advisory, Conciliation and Arbitration Service, who can provide information and

The Court System Of Civil Law And Common Law System
III– The court system or the structure of court in civil law and common law systemA–The court system in civil law systems The courts have divided
according to public law cases and private law cases. Courts in civil law countries are more specialized than in the common law. There are multiple
sets of courts and each has its own jurisdiction, hierarchy, judiciary and procedure, For example, in addition to ordinary courts that deal with
private law matters, there may be Labor Courts, Social Security Courts, Commercial Courts, Administrative Courts and Agriculture Courts
addressing public law cases. Furthermore, the general rule is that private law problems are dealt with by the ordinary courts and criminal law is
also dealt with by ordinary courts, even though it rightly belongs in public law, decisions of the ordinary courts can be appealed to Appellate
Courts, at the head of the ordinary courts (and above Appellate Courts) sits the Court of Cassation. This court decides on only questions of law and
the interpretation of statutes. It is purpose is to ensure uniformity in the law. It can either affirm the ruling of the Appellate Court or declare the ruling
to be incorrect. For example, Iraqi court system. Iraqi civil law system has more than one type of court like many countries that practice civil law
system. The Federal Supreme Court is a modern court in Iraq, the Court is composed of a number of judges, the FSC, must be enacted by the Council of

Alternative Dispute Resolution, Or ' Adr '
Alternative Dispute Resolution, or 'ADR ' is the phrase used to describe the different methods of ways to resolve legal disputes outside of the court
system. There are many advantages and disadvantages to it, and they come in many different forms in England and Wales. These include administrative
tribunals, arbitration, mediation, adjudication, conciliation, negotiation, expert determination and the ombudsmen services.
Administrative Tribunals come in many different forms and can cover many areas including employment tribunals, lands tribunals and rent tribunals.
The most common one being employment tribunals. The distinction between Tribunals and the Courts have sometimes be blurred because it has long
been held that tribunals are just an administrative extension to the Court system and therefore some argue that Tribunals are not a separate entity,
"There is some debate as to whether tribunals are merely part of the machinery of administration of particular projects or whether their function is the
distinct one of adjudication,"1 However the main difference between tribunals and the courts is that tribunals are much more specialised in nature,
coming in many forms, some of which are stated above. Administrative tribunals are also not staffed by judges, and are staffed be specialists in the
particular field in which the administrative tribunal is being held. For example, an employment tribunal would be chaired by a panel of people who
specialise in employment law.

Aims And Objectives Of Employment Regulation
Activity 1
1.1Explain the aims and objectives of employment regulation.
The aim of employment law regulation is to provide legal protection to employees and employers the relationship between businesses.
Objectives of Employment Law:
Social justice is the distribution of difference in society and is based on equality and its opportunity.
Within the workplace, social justice also refers to access to rights and fairness.
Employee protection employment rights are designed to balance the expectations of the job with the fair treatment of the employee doing it. Employee
rights at work come from both as statutory rights and his/her employment contract.
European law
As part of the European Union, the UK is a subject to European law, with European law having authority and take the place of any domestic law. This
means that domestic law should be done in the same way with European law.
Most EU law is also introduced into UK law via statutes. European Union directive can be interpreted into domestic law as it is less specific and most
European Union influence on UK employment law has been through directives.
The sources of employment law are:
Legislation
European law
Codes of practice & regulations.
The main source of employment law is statutes:

Acts of Parliament = Equality Act 2010
Equal Opportunities legislation sets out that all employees should receive the same pay and conditions for carrying out the same or approximately
similar work.
EU Law =

The Immigration Administration Of New Zealand Essay
New Zealand (NZ) ranks very well in quality of living standards globally and thereby makes it a sought–after destination for immigration. To ensure
protection of interest of immigrants and to safeguard the reputation of New Zealand as a top destination of choice – the Immigration Advisers function
is regulated via implementation of the Immigration Advisers Licensing Act 2007 ('The Act'). In the case of ZW v Immigration Advisers Authority,
Judge Priestley J rightly stated that Parliament's objective for passing the Act was to clean up the Immigration Advisers industry, which was subject to
much justified criticism; towards providing an improved system of transparency, competency, Conduct Code and acceptable standards of service (ZW
v Immigration Advisers Authority [2012] NZHC 1069 at [41]).
This Act managed to build an overarching legal architecture with clear operating regime, defined stakeholders' accountabilities, well–defined process
steps and created necessary checks & balances to protect all involved. The Act sits at the centre of the Legal framework that holds the Immigration
Advisory function and creates the necessary safeguards to protect consumers and enhance the New Zealand's reputation by regulating the practice of
providing immigration advice both onshore and offshore.
Immigration New Zealand (INZ) function sits within the Ministry of Business, Innovation and Employment, and aims to increase the economic and
social framework of NZ by facilitating and ensuring

Mr. Agrawal's Case: Cruel Or Charcoal?
Indian–born liver surgeon Mr Agrawal, 43, worked at both the Royal Blackburn and Burnley General Hospitals. He was sent home on full pay in
2011 after he spoke out alleged dangerous working practices at his hospital. During his suspension, he contacted Labour MP Lucy Powell and Tory
Sir Peter Bottomley. On 2 June 2015, Sir Peter raised Mr Agrawal's case in the House of Commons. East Lancashire Hospitals Trust sacked Mr
Agrawal on 9 July 2015. The Trust stated the reason for the dismissal is his professional relationship with his medical colleagues had broken down
before his suspension. He had been suspended from his ВЈ70,000–plus–a–year consultant's post for about four years. On the 28 September 2015, a
special panel at East Lancashire Hospitals... Show more content on Helpwriting.net ...
Mrs Salaman told to the Manchester hearing that she did not have a clue whether Mr Agrawal has been treated unfairly because of his raising patient
safety concerns or because of his race. She defended the new shift system imposed by trust clinical director Rob Watson and she strongly denied that
the new roster was in fact unsafe. She stated that the rota has been used over the last five years in the trust and the general surgical consultants have
supported its continued use. Moreover, she mentioned that several consultants might have initial concerns about whether the new roaster will increase
their workload; however, it was part of consultant surgeon's responsibilities to carry out the overnight on–call duty before a day in the operating theatre.
Mrs Salaman had no evidence to support Mr Agrawal's concerns about patient safety and medical workloads. According to Lancashire Telegraph,
clinical director Rob Watson, responsible for devising the new emergency rota at the Royal Blackburn and Burnley General Hospitals, explained that
the system had been 'recognised as a safe model of care' by the Care Quality Commission. Mr Watson denied Mr Agrawal's claims and told the
tribunal he had developed serious concerns about Mr Agrawal's attitude, behaviour and clinical performance (Jacobs, 2016). He stated that he told the
medical director Rineke Schram that he would not be able to work

Unfair Dismissal Of The United Kingdom
In acquiescent to the definition that George has given to dismissal. I would like to integrate on the following. Unfair dismissal in the United Kingdom
is a component of UK labour law that insists on fair and just and plausible treatment by employers in cases where an employee's job could be
terminated. The Employment Rights Act 1996 regulates this by highlighting that employees are entitled to a fair reason afore being dismissed
predicated on their capability to do the job, their conduct, whether their position is economically redundant, on grounds of a statute, or some other
substantial reason. It is therefore automatically inequitable for an employer to dismiss an employee regardless of length of service, for a reason
cognate to ... Show more content on Helpwriting.net ...
The test is defined in section 98(4) of the Employment Rights Act 1996 as Charlotte and George have already highlighted.
Above all the employer is expected to act reasonably in dismissing the employee. This principle derived originally from the case British Home Stores
v Burchell [1980] ICR 303 which concluded that an employer should base a decision to dismiss on a genuine belief, based on reasonable grounds and
following a reasonable investigation that there where grounds to justify dismissal. This is what is known as the range of reasonable response test.
(Chris Turner, Unlocking Employment law, 1st edn, Routledge, 2013) 571).This test has been subject to criticism and the reasons are highlighted below.
To begin with Tor Brodtkorb highlighting that, one of the end of unfair dismissal law at the time of its enactment was to ascent the criterion followed
by employers in dismissing to offer employees greater security measures in their employment (The Report of the Royal Commission on Trade unions
and Employer's Associations, 1968). Because of the RORR test, the law on unfair dismissal has done very little to growth job security for employees
and to protect them from the whims of management. The exam requires the tribunal to imagine a range of reasonable employer answer to wrongful

Alternative Dispute Resolution ( Adr )
Introduction
Since litigation particularly in High Court is both expensive, time consuming and also the disadvantage of process being conducted to the public.
Different parties with disputes have sought after other means of dispute resolution which is generally known as alternative dispute resolution (ADR).
Alternative dispute resolution is basically a way of solving civil dispute. It is the collective term for the ways that parties settle civil disputes, with the
assistance of an autonomous third party and without the need of a court hearing which often leads to a mutual understanding between both parties. In
situations where mediation does not decide the case, a variety of other options which includes conciliation, arbitration, adjudication and private
judging which is a rare option of ADR. Regardless of the historic opposition to ADR by many parties and their advocates, ADR has since gained
widespread acceptance among both the public and the legal profession in contemporary years. In addition to this, courts now advice some parties to
resort to ADR which includes mediation before approving the parties' cases to be tried in court. The first practical use of alternative dispute resolution
procedures began in the 1970s as a possible way for the disabling court backlogs and also a way to resolve environmental and natural resource
disputes. In 1985, the Attorney General issued a directive identifying the need for ADR to drastically reduce the time and cost of litigation.

Discuss The Advantages And Disadvantages Of Arbitration
The award of the arbitrators is final and generally no appeal lies against the award.
While in a regular civil suit there maybe an appeal and an appeal against an appeal.
п‚· In arbitration, the dispute can be resolved without inflicting stress and emotional burden on the parties which is a common feature in court
proceedings.
п‚· In a large number of cases, вЂћArbitrationвЂџ facilitates the maintenance of continued relationship between the parties even after the settlement.
п‚· The parties in the arbitration process decide jointly on the arbitrator; in a litigation, the judge is appointed and the parties have little or no say in
the selection. The parties may have some say in whether a case is heard by a judge or a jury.
п‚· The people with knowledge ... Show more content on Helpwriting.net ...
п‚· Another merit of institutional arbitration is One of the advantages of arbitration is that it provides for final & binding determination of the
dispute between the parties. In other words, no review or appeal lies against an arbitral award to ensure finality. This involves an inherent risk that
mistakes committed by the tribunal cannot be corrected, whereby one party would inevitably suffer. However, some institutional rules provide for
scrutiny of the draft award before the final award is issued and some provide for a review procedure. The latter entitles the dissatisfied party to
appeal to an arbitral tribunal of second instance, which can confirm, vary, amend or set aside the first award and such decision in appeal is
considered to be final and binding upon the parties. Contrasting this to ad hoc arbitration where there is no opportunity for appeal or review and the
parties have to be prepared to suffer for the mistakes of the arbitrators, this is a redeeming feature of institutional arbitration as it allows the parties a
second chance of presenting their case and also permits the rectification of mistakes made by the tribunal of first instance. It also serves as a check on
the

Advantages And Disadvantages Of Sports Tribunals
In the era of globalization which has witnessed countless disputes involving interests of multiple Countries and as such disputes become prominent, a
profusion of international tribunals have been brought into existence in order to meet the demands of dispute settlement in a manner which is in
accordance with the common principles of natural justice so as to deliver justice to the aggrieved party. However in reality such tribunals are at best
seen as a work in progress.
All hope is not lost, there exists, at least in my opinion, a single international court which rises beyond the obstacles that plague its more herald brethren
such as the International Court of Justice ('ICJ') and International Criminal Court ('ICC') in form of the Court of ... Show more content on
Helpwriting.net ...
By commercial element reference is made to disputes essentially revolving around the execution of contracts, such as those relating to sponsorship, the
sale of television rights, the staging of sports events, player transfers and relations between players or coaches and clubs and/or agents (employment
contracts and agency contracts). Disputes relating to civil liability issues also come under this category (e.g. an accident to an athlete during a sports
competition).
Disciplinary cases on the other hand represent the disputes submitted to the CAS, of which a large number are doping–related. In addition to doping
cases, the CAS is called upon to rule on various disciplinary cases (violence on the field of play, abuse of referees, etc). В¬
Along with the prior mentioned disputes the CAS also deals with disputes arising out of contentious results of any tournament

Alternate Dispute Resolution And Conflict Resolution
INTRODUCTION
Alternate dispute resolution or ADR (commonly called in Australia) is a procedure by which parties in dispute can settle their differences with third
parties or any outside source other than the courts. It is a collective effort by which all the parties can settle disputes with or without any outside
sources like litigation procedures or courts. In simple words it can be said ADR is a procedure to settle disputes without resorting to the use of
litigation or courts. These procedures are generally less costly affair than courts and litigations and are also much more expeditious. ADR is now
extensively being used around the world to settle land disputes and commercial disputes.
Alternate dispute resolution can be carried out ... Show more content on Helpwriting.net ...
In the decade of 1980's and 1990's many people became concerned by the fact that legal procedures like litigation and court became too expensive for
resolving disputes. They were also concerned about the fact that litigation and court matters became too time consuming and cumbersome for many
lawsuits. This concern gave rise to finding alternative ways to settle disputes among parties rather than approaching courts or litigations and this gave
rise to alternate dispute resolution (ADR).
Arbitration –
Arbitration is a type of alternate dispute resolution which is used to settle disputes outside of litigation courts. In simple words it can said arbitration
is where all parties who are in dispute approach an arbitral tribunal or an arbitrator for settling their disputes. In countries like England and United
States of America, arbitration is a very widely used technique in the cases of consumer and employment disputes and related matters. Parties who
chose the path of Arbitration for settlement of their disputes should agree to abide by the decision which the arbitral tribunal comes up with. There
can be a third party who reviews and imposes decisions which are legally binding and enforceable by the court and litigation. In arbitration only
limited number of appeals and rights to review are available for the interested parties.
Arbitration can be voluntary or mandatory as well as it can be binding and non–binding as well. Non binding arbitration is very

Disability Discrimination
Disability Discrimination Act 1995 in the workplace and its effect on employment
Introduction
The act was introduced with the view to eliminate discrimination amongst disabled people in employment, throughout the assignment I will critically
analyse the different areas of the Disability Discrimination Act 1995 and find out what effect they have had on disabled people in employment.
Definition of disability
A disabled person is someone who has a physical or mental impairment which has a substantial and long term adverse effect on their ability to carry
out normal day to day activities (section 1 (1) DDA 1995). The disability discrimination act 1995 was introduced to outlaw discrimination against
disabled employees in the UK and covers ... Show more content on Helpwriting.net ...
By taking these steps the employer could be sure they have done all they can for the employee and safeguard themselves from any legal action as their
dismissal would be justified.
Disability related discrimination
Section 3A(1) of the Disability Discrimination Act states that an employer discriminates against a disabled person if the discrimination is related to the
persons disability or if the treatment they receive differs from the treatment of persons without a disability unless the employer can actually justify the
less favourable treatment.
In Jones v Post office (2001) Mr Jones worked as a driver for the postal service when he developed diabetes. After discovering his disability Mr
Jones's employers removed him from his driving duties for health and safety issues, as their policy was that any drivers receiving insulin treatment
should not carry on in their existing role in case they suffered a hypo attack whilst driving. After reviewing their decision they allowed Mr Jones to
return back to his driving duties limiting his driving hours to two hours in any twenty four. Mr Jones was unhappy at this decision and went to the
Employment tribunal who accepted Mr Jones's claim of disability discrimination on the basis that the limiting his driving hours was not justified. The
tribunal

Employment Law Assignment Essay
Contents
Page
Introduction
2
Explain the aims and objective of employment regulation
2 & 3
Describe the role played by the tribunal and courts system in enforcing employment law
3
Explain how cases are settled before and during legate procedures
4
Summary
4
Describe when and how a contract can be changed lawfully
5
Explain the main requirements of redundancy law
6
Explain the main requirements of the law Business Transfers
7
Summary
8
Identify the major requirements of Health and Safety Law

9
Explain the significance of implied duties as regards the management of employees at work
10
Explain the principles of the law on freedom of association
11
Summary
12
References & Bibliography
13 & 14
Appendices
14
Tutor: Linda Rave Hand ... Show more content on Helpwriting.net ...
The aim of this early conciliation is to encourage as many cases as possible to settle 'compromising' the claim through a settlement agreement
(previously called a 'compromise agreement') an agreement achieved through Acas conciliation (a 'COT3'). Appendix 3 is an early conciliation Flow
Chart (ACAS)
If differences cannot be resolved an ET1 can be submitted to the tribunal with the relevant fee. The claim is then logged (by the claimant) and a copy
is sent to Acas and to the employer (respondent), along with an ET3 form. The employer has 28 days to complete and return the response form to the
Tribunal. If the claim form is not returned on time a default judgment may be entered and the respondent will not be permitted to defend the claim. The
time limit for a submission is within 3 months of the date of termination of employment, certain clams such as redundancy have a 6 month limit
Once the tribunal has made a decision, an award can be given. This can include compensation, payment of wages or any money that is due to the
employee. Reinstatement and re–engagement are also a choice but both of these are very rare. Judgment may not always be given on the day of the
hearing.
1.3 Explain how cases are settled before and during formal legal procedures
There are a number ways that problems can be resolved in workplace without taking legal

British Columbia V Fraser Health Authority Case Study
Introduction/Background
The British Columbia (Workers' Compensation Appeal Tribunal) v. Fraser Health Authority, 2016 SCC 25 [Fraser Health Authority] is a "civil tort
claim" that deals with workers' compensation coverage for occupational disease and determining causation. The applicants were three of the seven
laboratory technicians employed at Mission Memorial Hospital who were diagnosed with breast cancer. Katrina Hammer, Patricia Schmidt, and Anne
MacFarlane argued that there is a causation between their workplace and their development of breast cancer. They each "applied for compensation
under the Workers Compensation Act (Act) on the basis that the cancer was an occupational disease" which was denied by Compensation review
officer Hammer, ... Show more content on Helpwriting.net ...
They questioned the approach taken by the Tribunal in its approach to determine causation. The Tribunal appealed to the Supreme Court to re–examine
earlier decisions to determine whether they were unreasonable. The parties involved in this case are the Fraser Health Authority along with Hammer,
Schmidt and MacFarlane. In a split decision, the majority emphasized the need for evidence to determine causation. The decision in Fraser Health
Authority was not unanimous, as Justice CГґtГ© provided the dissenting. Whereas, Justice McLachlin C, Abella, Moldaver, Karaktanis, Wagner and
Brown JJ provided the majority. Interveners in this case include the Attorney General of Canada, the Attorney General of Ontario, the Ontario Network
of Injured Workers' Groups, the Industrial Accident Victims' Group of Ontario, the Community Legal Assistance Society and the British Columbia
Federation of Labour. The SCC had to establish whether the WCAT has exclusive jurisdiction to determine, on appeal under the Act, whether the nature
of the employment was linked to the development of the workers' breast

Maternity Rights at Work
Maternity rights at work
Who is entitled to take maternity leave?
Most women employees are entitled to take time off work to have a baby. This time off is called maternity leave. It is your right to take maternity
leave no matter how long you have worked for your employer.
If you are in one of the following jobs, some of the information in this fact sheet may not apply to you. You will need to check your contract of
employment to see what maternity rights you have at work. This applies to: 1 women in the police force (not civilian employees)
women in the armed forces
share fisherwomen.
How much maternity leave can you take?
Most women have the right to take up to 52 weeks ' maternity leave. This does not depend ... Show more content on Helpwriting.net ...
You do not have to have worked for the same employer during this time and the 26 weeks do not need to have been worked in a row. You may get MA
if you are self–employed.
How much will you be paid
If you are getting SMP, for the first six weeks of maternity leave you will get 90% of your usual gross weekly pay (that is, before tax and national
insurance contributions are taken out). For the next 33 weeks, you will be paid 90% of your gross weekly pay or ВЈ124.88 a week, whichever is the
lowest amount.
Your SMP will finish at the end of or 39 weeks. You should check your contract to see if you are entitled to pay after this.
If you 're getting Maternity Allowance, you will receive either ВЈ124.88 a week or 90% of your average weekly earnings, whichever is lower. This will
be paid for 39 week Maternity rights at work
Who is entitled to take maternity leave?
Most women employees are entitled to take time off work to have a baby. This time off is called maternity leave. It is your right to take maternity
leave no matter how long you have worked for your employer.
If you are in one of the following jobs, some of the information in this fact sheet may not apply to you. You will need to check your contract of
employment to see what maternity rights you have at work. This applies to: 2 women in the police force (not civilian employees)

women in the armed forces
share fisherwomen.
How much maternity leave can you take?
Most women have

4.5 Explain The Importance Of The Study
4.5 Explain the importance of following disciplinary and grievance processes. Employers have to be extremely careful in the way that they handle
grievances. . If problems arise, the procedure that the employer adopted may be subject to close scrutiny by the employment tribunal. It is important
that you follow the ACAS code of practice on disciplinary and grievance procedures. This code provides helpful guidance for handling grievances.
Failure to comply with the Acas code will not automatically result in an employee being successful in an employment tribunal claim. However, if the
employee is successful in their claim and the employer failed to follow the code, it can result in an increase of up to 25% in any award made – so
ensure your

Australian Sports Law
Australian Sports Law Introduction Australian sports law is grounded in the principles of "Natural Justice" to ensure procedural fairness. Nevertheless,
the sports tribunals' ability to hold hearings and make determinations without allowing athletes the benefit of legal counsel is troublesome. Clearly, the
process often involves valuable rights which should be asserted and preserved by knowledgeable, zealous legal counsel at the first opportunity. The
single difference between the Waverley and Nagle cases shows how issues that are vitally important to an individual can turn on a single fact;
consequently, while Waverley and Nagle did not involve sports tribunals, they do show the importance of paying careful attention to facts, which also
applies to sports tribunals. Finally, the inclusion of women in sports, particularly Golf, is a natural outgrowth of anti–discrimination laws and
progressive Australian attitudes create fertile ground for further attempts by women to compete with men. Part A: The Natural Justice Process in Sports
Tribunals Sports disputes fall into two general categories: external and internal. External sporting disputes are handled in a state Court system and
generally include: "contract or tort; intellectual property; trade practices and competition; criminal law; taxation; broadcasting and media; and other
statutory–based disputes" (Bellamy & Hayes, 2007, pp. 5–6). Internal sporting disputes are normally handled by sports tribunals and deal with

Employment Tribunal Essay example
Analysis of Employment Tribunals: Is It Fit for Purpose?
"Employment tribunals were established under the Industrial Training Act 1964. They were previously referred to as Industrial Tribunals, but their
name was changed by s1 of the Employment Rights (Dispute Resolution) Act 1998, which took effect on 1 August 1998"(J.Nairns,2011,p.6). Now, HM
Courts & Tribunals Service which is an executive agency of the Ministry of Justice, supervise employment tribunals. Employment tribunals are
constituted on the basis of region. In England and Wales, there are 11 regional offices of the Employment Tribunals(ROETs). There is Regional Office
in each region ... Show more content on Helpwriting.net ...
However, it can hear almost every employment law matter since its jurisdiction increased. Before 1994, Employment Tribunals could only hear
statutory claims while after the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Employment Tribunals' role has
drastically changed that they can now hear common law claims(Richard Kinder,1999). But there are some law matters of common law they cannot
cope with like matters relating to moral tights and copyright, patents, designs rights, trade marks; breach of restraint of trade covenants; breach of
confidence; breach of a contract terms requiring the employer to provide for the employee; personnel injury claims. From this regard, certain
employment matters still have to be tackled in the civil courts. Since judges and solicitors don' t need to wear wigs at employment tribunals, cases
needn't to be open to public under some circumstances and employment tribunals meant to be cheap, speedy and informal, but they are not informal,
actually, they are becoming increasingly legalistic. As the complexity and magnitude of employment law keeps increasing, the workload of
employment tribunals increases, lawyers are now needed, thus the employment tribunals are no longer as cheap and informal as before. "As to
informality, anyone going to an employment tribunal expecting a cosy chat can think again, despite the injunction in the regulation that tribunals should
seek to avoid

The Equality Act and Employment Detriment
The EAT demonstrates, that a worker is designated to deliver a claim against his current employer claiming that s/he had experienced a detriment for
whistleblowing, even though s/he was not an employee of the employer at the time when s/he made the protected disclosure. The EAT takes a prudent
approach, asserting that the Employment Rights Act 1996 is competent of this analysis. Detriment of disclosure to ex–employer In the case of BP Plc v
Elstone and Anor E worked as a senior operations manager for BP for 25 years, left to work for P Ltd who had a number of contracts with E's
previous employer BP. While at P, E made a number of disclosures to BP managers relating to health and safety concerns. E was dismissed by P on
the grounds of having disclosed confidential information. E was rehired by his previous employer BP but after finding out the reason he was
dismissed by P Ltd, BP told E that they would not engage with him at all. E claimed to have suffered detriment as a result of making protected
disclosures, opposing to Section 47B ERA BP claimed that E's claim was not a legitimate action as he was not employed by BP at the specific time
disclosures. E's counter–argument was that he could be a worker of any employee within reason, not just an employee of the employer who caused the
alleged detriment. It was concluded by the Employment Tribunal that the employee has to be employed by the employer of the date the disclosure
took place. This is a reflection of the

Alternative Methods of Resolving Legal Disputes
A legal dispute is a disagreement over the existence of a legal duty or right. Usually most legal disputes are resolved in a court of law. However, there
are alternative methods of resolving legal disputes other than by a court. Such methods include Tribunals as well as Arbitration. There are different
Tribunals which exist to resolve a variety of disputes. Generally, a tribunal is known to be any person or institution with the authority to judge, to pass
that particular judgment, or to determine claims or disputes. For example the industrial tribunal sits to dertermine statutory employment law disputes
such as wrongful dismissal, unfair dismissal and redundancy. However industrial tribunals serve to resolve many more disputes than... Show more
content on Helpwriting.net ...
The process of arbitration is governed by the arbitration act which provides a flexible method of resolving disputes. Advantages| Disadvantages|
Cheaper| No right of appeal| Speedy, informal and flexible| No jury for claimant| Private proceedings| Awards may be based upon justice and equity
rather than evidence| Arbitrator is an appropriately qualified expert| Unknown bias and competency of the arbitrator| The arbitration award is final|
May be highly complex|
Other alternative methods of resolving legal disputes are negotiation, mediation and conciliation. Mediation is a way of resolving disputes between
two or more parties with concrete effects. Typically a third party assists the parties to negotiate a settlement. The term "mediation" broadly refers to
any instance in which a third party helps others reach agreement. The process is private and confidential, possibly enforced by law. Participation is
typically voluntary. Conciliation is a less formal form of arbitration. This process does not require an existence of any prior agreement. Any party can
request the other party to appoint a conciliator. One conciliator is preferred but two or three are also allowed. In case of multiple conciliators, all must
act jointly. Parties may submit statements to the conciliator describing the general nature of the dispute and the points at issue. Negotiation is the most
basic means of settling our differences. It is back–and–forth

The Pros And Cons Of The Workplace Relations Act
The former procedures for seeking redress in workplace conflicts were long, expensive and rather frustrating. One had to seek redress with multiple
Courts arising from the same set of facts and the appeal system was equally as frustrating. Therefore, the Workplace Relations Act 2015 has been a
welcome development albeit with its advantages and disadvantages and the process has been shortened and simplified to make it less expensive for
both sides to pursue. Multiple claims no longer have to go to different Courts for redress as all employment rights disputes will go straight to the
Workplace Relations Commission based on the same set of facts and in the event that mediation fails, the matter is dealt with by an Adjudication
Officer. Sending... Show more content on Helpwriting.net ...
Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or
national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent
strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice

England Court System
The court system in England and Wales originated during the Anglo– Saxon period. Back then local men gathered in Moot Courts, deciding on issues
in line with local customs. Piece by piece the system became more sophisticated, which can be seen clearly after a brief overview on its evolution and
evaluation of the advantages and disadvantages.
After the Norman Conquest, certain cases were brought before the King (Coram Rege in Latin), later the King started to delegate the power to
administer Royal Justice to a council. This council was known as the King 's Court (Curia Regis in Latin), which later branched into the common–law
courts. At first the Exchequer of pleas, Common Pleas and the King 's Bench, followed by the Court of Chancery in the mid–14th century. The
Judicature Acts of 1873 and 1875 modernised the court structure drastically. Introducing, the Supreme Court of Judicature also known as the House of
Lords, as a final court of Appeal above the High Court. Along with the creation of a single Court of Appeal in Civil matters.
Furthermore, the introduction of a new improved divisional structure for the High Court. This was finalised in 1881 with the merge of Common pleas
and Exchequer into the Queens Bench Division.
The Criminal Appeal Act 1907 recognised the right of appeal in criminal cases and established the Court of Criminal Appeal.
Continuing the modernisation, the Courts Act 1971 abolished and replaced various courts. At the same time the Act created the

The Great Charter By King John Of England
Section 1: 'The Great Charter' this is the meaning of Magna Carta, one of the famous rules were first introduced and issued by King John of England
in 1215 as a political solution to the troubles he encounter in 1215, the first principle was established is, including the king, everyone is subject to
law. However most of the clauses and the rules were either changed or deleted. In 1215 Magna Carta was a peace treanty between the John King and
barons. King John raised an army with the tax money and that army was defeated in French bottle, moreover, King john had tensed relationship with
the church rejected the election of Stephen Langton as Archbishop of Canterbury, the Pope issued a decree (an 'Interdict' prohibiting people in England
from... Show more content on Helpwriting.net ...
Moreover, the membership of the tribunal is lay persons, who are not legally qualified, sit alongside and contributing the decision making process.
The beginning of the tribunals justice was before 200 years ago, one of the earlier was the general and special commissioners of income tax were
established in 1799, then the railway and canal commission established in 1873, and proceeded till the current system which grew up since 1940s. the
main reason was that the legislation has been expanded to deal with many areas were regarded as "outside the control of the state" and those legislation
deal with people and gave rights and thus imposed obligation upon government, which naturally led to disputes. Recently Tribunal Service has been
established in an act contain two generic tribunals, the First tier Tribunal and the upper tribunal, the act also provide another appeal from the upper
tribunal to the court of appeal most of the cases stop here, the act does not say there is no possibility to take it further to the high court or for a
judicial review however, the possibility is in the cases where there is an important point of principle or it has to be a compelling reason per Lord
Philips in cart these condition are designed to be restrictive.
The tribunals are "specialist and relatively informal bodies, designed for solving legal

Employment Tribunals In Australia
In order to properly address the matter of an employee who is suspected of coming into work under the influence of illegal drugs, we must ensure that
we follow the businesses disciplinary processes and if the process leads to it, we must ensure that, the reason for dismissal falls under one or more of
the 5 fair reasons under the Employments Rights Act (1996). These reasons can include: Conduct – includes minor issues such as unauthorised absence
to more serious (gross misconduct) issues such as gross negligence or theft. Capability – unable to complete their role to the required standard this can
be due to skills or health. Before any dismissal can take place we must ensure that we conduct a full and fair investigation whilst being conscious...
Show more content on Helpwriting.net ...
They state that "In a wrongful dismissal claim, the employee will not be entitled to pay in lieu of notice or notice pay at all, as the employee has
broken the contract and cannot therefore rely on it to claim notice pay. With an unfair dismissal claim, the employer may still be liable to pay
compensation depending upon how they handled the dismissal" (CIPD, 2015) The law surrounding unfair dismissal sets out that an employee must
be treated fairly throughout the entire disciplinary process. As has been set out above good practice in the case of misconduct stems from the
business adhering to the ACAS code of practice, undertaking a full investigation as well ensuring that the decisions made a proportionate to the
offence taking into consideration the employee's previous record. In comparison dismissal for capability is deemed to fair if the business has made
the employee aware of the organisations policies and practice and adhered to the ACAS code of practice. We must also ensure that there are clear
objectives in place to give "reasonable opportunity to improved and only, then dismissed following a further formal meeting with a right to appeal"
(Armstrong & Taylor,

Nature And Sources Of New Zealand Law Essay
Part One: Nature and sources of New Zealand law Law, Morality/Ethics and societal context
There are serval reasons why we need law in today's society, for instance: To regulate society, as the traffic laws exist that enforce people drive in a
safe manner; To protect people, as there are laws about food safety to ensure that the food we buy is safe to eat; And to enforce rights, since the
criminals laws prevent or deter people from abuses other people.
However,
The Constitution
The US's Constitution was written during the Constitutional Convention and signed on September 17, 1787. While New Zealand has an unwritten
Constitution, and it's found in court decisions, statutes, doctrines and conventions. There are serval source of it, for instance: New Zealand Bill of
Rights Act, Constitution Act, Electoral Act,Supreme Court Act, and Treaty of Waitangi.
A convention is a non–legal rule of a political or constitutional nature. It is non–justicable.
Examples of conventions include: the caretaker convention––newly–elected governments cannot be influenced by previous governments.the
Governor–General always gives the Royal Assentto turn bills into acts.
Tiriti O Waitangi / Treaty of Waitangi
(a) The principles of the Treaty are only enforceable when adopted in domestic law.
(b) The role of the Tribunal is to make non–binding recommendations for both historical grievances and contemporary claims.
Part 2: Legislation
Parliamentary process
1. Three branches of government:
1)

Employment Law Assignment
UNIVERSITY OF SALFORD, SALFORD BUSINESS SCHOOL, HRM& DEVElopment| EMPLOYMENT LAW ASSIGNMENT|
EMPLOYMENT TRIBUNAL JUDGEMENT REPORT| | ELEONU, EKEOMA CHIEMEJOLAM, @00345028| 2/22/2013|
A tribunal Judgement report on constructive and unfair dismissal, detriment as a result of whistle blowing/ protective disclosure, injury to feelings etc.|
EMPLOYMENT LAW MODULE,
LECTURER: JONATHAN LORD.
TABLE OF CONTENT
Cover page 0
Table of content1
INTRODUCTION
Jurisdiction of the case within the S(3) of the Employment Right Act 1996.2
Summary/Background of the case3
JUDGMENT OF THE CASE
REASONS5
The claim and issues.5
Constructive and unfair dismissal5 ... Show more content on Helpwriting.net ...
PW treated the Claimant unreasonably and improperly, the Claimant also believes that PW circulated communications throughout the academic
community damaging his reputation, and preventing a satisfactory resolution.
The Claimant constantly informed senior management in the respondent organisation of the steps being taken by the Professors to undermine his role
to a considerable degree. Since the matter could not be resolved amicably the claimant pursued the formal grievance procedure. The Claimant wrote a
grievance letter to the Dean of his School, on the 21/01/08. On the 22/01/08 PD wrote to JD informing him of the Claimant's formal complaint against
PW and the others.
On the 22/01/ 08 JD wrote the Claimant informing him that he had received his formal complaint and as the Head of School he would take on the task
of manager on the grievance.
JD commenced investigating the grievance process on the 24/01/08 by meeting and interviewing all involved in the case.

On 6/03.08 JD sent the Claimant a mail informing the Claimant of his decision not to uphold his grievance, giving his reasons as well. The Claimant
was concerned because some of his grievance was not answered. This led the Claimant to pursue the next stage of internal grievance process. On the 6
/03/08 the Claimant lodged an Appeal.
On 10/03/08 PW and MM wrote an apology letter to the Claimant who claimed he did not get the signed copy of the letter.
On the 18/04/08 the Grievance Appeal

1.1 Explain The Aims And Objectives Of Employment Regulation
Activity 1 1.1Explain the aims and objectives of employment regulation. The aim of employment regulation is to provide legal protection to
employees and employers the relationship among businesses. Objectives of Employment Law: Social justice is distribution of difference in society
based on equality and opportunity. Within the workplace, social justice also refers to access to rights and fairness. Employee protection employment
rights are designed to balance the anticipations of the job with fair treatment of the employee performing it. Employee rights at work come from:
Statutory rights Employment contract. European law: As part of the European Union, the UK is a subject to European law; this law can take the place
of any... Show more content on Helpwriting.net ...
Harassment. Breach of legal right/contract. Less formal system to hear cases – application and hearing fee. Can also hear wrongful dismissal as a
breach of contract cases (up to ВЈ25k). 24 months service for unfair dismissal, no service for discrimination 3 months to make the claim (6 months
equal pay). Employment judge – can sit alone (or supported by two lay members). Systems of appeals – final appeal European Court of Justice (ECJ)
/Human Rights (ECHR) Pic. 1 1.3Explain how cases are settled before and during formal legal procedures. Settlement of Cases: Employers/employees
may resolve amongst themselves through: Policies. Procedures and processes. Dispute resolution methodPurposeAdvantageDisadvantages
MediationMediation informal process where neutral third party assists conflicting parties. Mediator are presenting during process, thru the agreement
between the parties. Legally binding in most judicial systems. The mediator, hired is an outside party helps to reduce conflict and stress.Mediation can
be a problem if one or both parties are with holding information. In case of mediation is unsuccessful, the parties may have wasted time and

The Civil Justice System
Tribunals
Introduction
Tribunals are not courts but they do operate alongside the court system and have become an important part of the civil justice system. Many tribunals
were created with the development of the welfare state in the second half of the twentieth century. They were created in order to give people a method
of enforcing their entitlement to certain social rights. However, unlike alternative dispute resolution (ADR) where the parties choose not to use the
courts, the parties in a tribunal case cannot go to court to resolve their dispute. Instead, they must use the relevant tribunal.
The Role of tribunals
Tribunals are designed to enforce a person's rights which have been granted to them through social and welfare legislation (Acts of Parliament). There
are many different rights, such as:
the right to a payment if you are made redundant from work;
the right not to be discriminated against because of your sex, race, age or a disability;
the right to a mobility allowance if you are too disabled to walk more than a very short distance.
The above is just a small selection of the types of 'rights' that tribunals deal with.
Tribunals, Courts and Enforcement Act 2007
Remember tribunals were set up as the welfare state developed, so new developments resulted in a new tribunal being created. This led to more than
70 different tribunals being created. Each tribunal was separate and the various different tribunals all operated

Employment Law Essay
Employment Law Introduction; "To what extent does the obligation to maintain mutual trust and confidence ensure fair dealing between the employer
and employee in respect of disciplinary proceedings, suspension of an employee and dismissal?" Mutual trust and confidence:– There are certain duties
that an employer has to apply to its employee. This is to obtain a mutual obligation of trust and confidence between each other. A duty of cooperation is
owed, if the employer doesn't show a duty of cooperation to the employee, this then can lead the employee to terminate the contract, sue or affirm the
breech and continue. In the employment contract of the employee a duty of mutual... Show more content on Helpwriting.net ...
A related case (Woods v W M Car Services (Peterborough) Ltd [1982] IRLR 413, approved in Malik & Anor v Bank of Credit and Commerce
International SA [1997] IRLR 462). The employer who destroyed and serious damage of the relationship of trust and confidence between the
employer and employee was due to the conduct of the employer. Some examples of breeches by employers which have taken place previously are:
permitting an employee to be the victim of persistent verbal abuse/sexual harassment (Reed v Steadman [1999] IRLR 299), health and safety, making
an unsubstantiated allegation of theft (Robinson v crompton Robinson [1978] ICR 401). Dismissal and Disciplinary procedures:– The employment
Act 2002 was introduced the Dismissal and Disciplinary procedures. This act will only be followed by employees who have worked 12 months or
longer for a business. "If employer fails to follow the procedure, they will be forced to have action against unfair dismissal. The dismissal and
Disciplinary proceedings will apply only if the employer has given an official warning. The Employment Act has now changed as it has a limitation
period of up to 4–3months. After 1st October the 3months is given again even as much as 6months. The Disciplinary procedures stages

Unfair Dismissal
t is important to distinguish unfair dismissal from the common law remedy for wrongful dismissal. The latter is a civil law remedy essentially
based upon breach of the contract of employment. From the point of view of the employee, there are significant deficiencies in this civil law relief
as a remedy. Because an employer is generally entitled under the terms of the contract to dismiss upon giving the appropriate period of notice as
stipulated by the contract, damages will often be limited to the loss of earnings during that period. The civil law does not provide for a remedy by
way of reinstatement. There is no remedy based upon breach of contract for failure to follow appropriate grievance and disciplinary procedures prior to
dismissal.... Show more content on Helpwriting.net ...
However, the employee lost on further appeal when Lord Denning held that for there to be a constructive dismissal, the employer's actions had to
amount to a significant breach of the contract of employment. This therefore applied a contractual analysis more akin to the civil law wrongful
dismissal approach. However, as will be seen below, cases of constructive dismissal are now regulated by the statutory disciplinary and grievance
procedures introduced by the Employment Act 2002 (EA 2002). It will be argued that these new requirements have the effect of tipping the scales too
far in favour of the employer in many cases. Fairness Section 98(4) of ERA 1996 defines this concept: the question whether the dismissal is fair or
unfair (having regard to the reason shown by the employer) – (a) depends on whether in the circumstances (including the size and administrative
resources of the employer's undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the
employee, and (b) shall be determined in accordance with equity and the substantial merits of the case. It should be noted, however, that s.34 EA 2002
inserted a new s.98A into ERA 1996 which provides that breach by the employer of a statutory procedure on dismissal, which sets down the minimum
procedural requirements, means that the dismissal is in any event automatically unfair. (The

Summary: The Social Benefits Tribunal
Social Benefits Tribunal By: Kayla Cuff, Catharine Wright, Carly Stansfield and Manny Brief description: The Social Benefits Tribunal (SBT)
operates under the Social Justice Tribunals Ontario. The SBT specifically hears appeals with regards to the denial of employment and financial
benefits under the Ontario Works Act or the Ontario Disabilities Act Types of Matters: Most appeals are regarding decisions that resulted in:
overcharges of benefits, refusal for assistance, cancellation, cutback on assistance, and any specific life changes. Decision–Making Authority: This
tribunal is granted the power to decide in "any decisions an administrator affecting eligibility for or the amount of basic financial assistance, other than
a decision

Cipd Employment Law
.1 Aims and objectives of employment regulation Origins of employment law date back to the 14th century, with the first labour legislation, the
Ordinance of Labourers, being passed in 1349. It maintained wages at rates to be fixed from time to time by justice of the peace. However, it is not
really until the early 19th century that we see a significant increase in change in employment law, and an ever–increasing speed of change and
innovation, giving more and more legal protection to workers. Laws are critical to every society in every country and in Britain we have three main
varieties of law at work; statute laws, European laws and common laws. Statute law is government lead. Made either directly through passing of Acts of
... Show more content on Helpwriting.net ...
Unfair dismissal claim would require the Claimant to prove that they have the right to bring a claim forward. Firstly they would need to prove that
they have actually been dismissed, and that it was not a dismissible reason, while the Respondent would then be required to prove that their dismissal
action was fair and reasonable under the circumstances. In the case of discrimination, the burden of proof initially sits with the Claimant to prove that
discrimination has actually taken place. In a civil tribunal case the losing party is entitled to appeal should there be significant evidence that the
lower court has either misapplied or misinterpreted the law in some way. However, they cannot appeal just on the basis of not being happy with the
verdict. 1.3 How cases are settled before and during forma legal procedures Depending on the cause of action and the value of the case, Employment
disputes can be commenced in one of three courts; The Employment Tribunal The County Court The High Court of Justice Most will commence with
the Employment Tribunal, however, this is exclusive to cases of up to the financial value of ВЈ25,000. For any claim value in excess of this,
proceedings should be instigated at the County of High Court. An employment tribunal can hear of eighty types of claims, including unfair dismissal,
redundancy payments, the working time regulations, unlawful discrimination and many more. With the exception of particularly

Employment Law
Q1 – Understand the purpose of employment regulation and the way it is enforced in practice.
Explain the purpose of employment law and how it is enforced. Describe the role played by the tribunal and courts system in enforcing employment
law. Include how cases are settled before and during formal legal proceedings. (1.1, 1.2, 1.3)
1.1– Explain the aims and objectives of employment regulation
Employment law dates back to the 14th century, with the first labour legislation, the Ordinance of labourers passed in 1349 and consisted of
regulations and price controls issued by King Edward 111. The purpose of the legislation was to maintain wages at rates to be fixed from time to time
by the Justice of the peace. The ordinance was written in ... Show more content on Helpwriting.net ...
Common Law has an equal footing to that of statute.
(Wikipedia 2016a)
In addition, we have European law, a major source of legislation related to employment matters for example, treaties (applies to trading activities across
the UK), Regulations, Directives (UK Legislation) and decisions, which set precedence and legal test.
1.2– Describe the role played by the tribunal and courts systems in enforcing employment law
The role of the tribunal and court systems in enforcing employment law is to ensure that cases brought before them are dealt with in a fair and
consistent manner. Delivering an outcome that is consistent with the facts put before them. They have to consider the evidence placed by both the
employee and the employer. In most cases it is for the employer to prove that they handled the case appropriately taking account of their internal
procedures and ensuring that they were not in breach of any relevant employment legislation related to the employee and their circumstances.
In the UK most employment law is considered as a civil or private law and is enforced as a result of one party suing another. The primary outcomes
sought is usually that of compensation. Cases brought before the court are generally made by a former or existing employee or a failed job applicant
and they use the courts system to allege that their employer has in some way caused a detriment and has done this in contravention on the law.
Structure of the courts

Associated Fire Alarms
The case which best reflects redundancy is the case of O'Brien v Associated Fire Alarms (1969).In this case the applicant was employed to work in
Liverpool. Due to the demand of his work his employment was declined. He was then sent to Barrow–In–Furness. His express refusal to relocate
resulted in the termination of his contract. The Employment Tribunal held that he was redundant; this was due to there being no mobility requirement
within his contract. The case which compares to the case of O'Brien v Associated Fire Alarms (1969) is the case of Bass leisure v Thomas (1994). In
this case the company in question looked to move their company 20 miles away from their original premises. In this case the Employment Tribunal
argued that the employees

Why Is Dismissal Is Unfair
Dismissal can be known as being unfair for various reasons. Every employee has the entitled right to not be unfairly dismissed. However if an
employer does dismiss an employee they must provide a reason for doing so. The reason for an employer dismissing an employee must fall under the
categories established in the Employment Rights Act 1996. Dismissal can occur by the arrangement of a written document however there are situations
where the employer terminates the contract either with or without notice. If an employer has dismissed an employee the reasons must be evident and
produced, this could include; the conduct of an employee, the lack of capability, redundancy aswell as retirement. Regardless of the circumstances the
employer must be

The Buckley Lj On Employment Law

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