Mel Vanco was a newspaper columnist paid monthly to write a weekly column for two years. When her latest contract expired, the newspaper decided to cancel her column, effectively terminating her services. Vanco claimed this was illegal dismissal as she had attained regular employee status. As the newspaper's counsel, one would argue columnists are not employees as the newspaper does not control how work is done or results. Vanco is also a project employee as her work was for a specific task and duration determined at hiring.
Adamson and anangu pitjantjatjara yankunytjatjara inc fwc decisionFlint Wilkes
QUT Business School - The Australian Centre of Philanthropy and Non Profit Studies
Implications of this case
In the context of the FW Act, a worker is bullied at work if an individual or group of individuals repeatedly behaves unreasonably towards the worker and that behaviour creates a risk to health and safety. This is an objective test. The FW Act does not define ‘unreasonable behaviour’, although the Explanatory Memorandum to the FW Act states that it would include victimising, humiliating, threatening or intimidating. APY Inc was required to have a Code of Conduct in place, but although this is a basic precaution for workplaces, its effect on Boards was not discussed in this case. It might be advisable to have specific Board policies in place to guide the conduct of Board meetings, and ensure that they meet the requirements of legislation.
Adamson and anangu pitjantjatjara yankunytjatjara inc fwc decisionFlint Wilkes
QUT Business School - The Australian Centre of Philanthropy and Non Profit Studies
Implications of this case
In the context of the FW Act, a worker is bullied at work if an individual or group of individuals repeatedly behaves unreasonably towards the worker and that behaviour creates a risk to health and safety. This is an objective test. The FW Act does not define ‘unreasonable behaviour’, although the Explanatory Memorandum to the FW Act states that it would include victimising, humiliating, threatening or intimidating. APY Inc was required to have a Code of Conduct in place, but although this is a basic precaution for workplaces, its effect on Boards was not discussed in this case. It might be advisable to have specific Board policies in place to guide the conduct of Board meetings, and ensure that they meet the requirements of legislation.
If dr suess wrote wrongful dismissal claimsSean Bawden
If Dr. Suess wrote wrongful dismissal claims is a review of wrongful dismissal law at Ontario law. It uses a fictitious and silly claim to explain Ontario employment law and to demonstrate how to plead a claim for wrongful dismissal.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
How to Avoid the Pitfalls - 19 March 2014
PRESENTER: CHRIS HARALAMBOUS (Head of Labour Team)
COX YEATS ATTORNEYS
TEL: (031) 536 8557
EMAIL: charalambous@coxyeats.co.za
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
CHAPTER 20 Employment Law and Worker ProtectionWashington DC.docxtiffanyd4
CHAPTER 20 Employment Law and Worker Protection
Washington DC
Federal and state laws provide workers’ compensation and occupational safety laws to protect workers in the United States.
Learning Objectives
After studying this chapter, you should be able to:
1. Explain how state workers’ compensation programs work and describe the benefits available.
2. Describe employers’ duty to provide safe working conditions under the Occupational Safety and Health Act.
3. Describe the minimum wage and overtime pay rules of the Fair Labor Standards Act.
4. Describe the protections afforded by the Family and Medical Leave Act.
5. Describe unemployment insurance and Social Security.
Chapter Outline
1. Introduction to Employment Law and Worker Protection
2. Workers’ Compensation
1. Case 20.1 • Kelley v. Coca-Cola Enterprises, Inc.
3. Occupational Safety
1. Case 20.2 • R. Williams Construction Company v. Occupational Safety and Health Review Commission
4. Fair Labor Standards Act
1. Case 20.3 U.S. SUPREME COURT Case • IBP, Inc. v. Alvarez
5. Family and Medical Leave Act
6. Consolidated Omnibus Budget Reconciliation Act and Employee Retirement Income Security Act
7. Government Programs
“ It is difficult to imagine any grounds, other than our own personal economic predilections, for saying that the contract of employment is any the less an appropriate subject of legislation than are scores of others, in dealing with which this Court has held that legislatures may curtail individual freedom in the public interest.”
—Stone, Justice Dissenting opinion, Morehead v. New York (1936)
Introduction to Employment Law and Worker Protection
Generally, the employer–employee relationship is subject to the common law of contracts and agency law. This relationship is also highly regulated by federal and state governments that have enacted myriad laws that protect workers from unsafe working conditions, require employers to provide workers’ compensation to employers injured on the job, prohibit child labor, require minimum wages and overtime pay to be paid to workers, require employers to provide time off to employees with certain family and medical emergencies, and provide other employee protections and rights.
Poorly paid labor is inefficient labor, the world over.
Henry George
This chapter discusses employment law, workers’ compensation, occupational safety, pay and hour rules, and other laws affecting employment.
Workers’ Compensation
Many types of employment are dangerous, and many workers are injured on the job each year. Under common law, employees who were injured on the job could sue their employers for negligence. This time-consuming process placed the employee at odds with his or her employer. In addition, there was no guarantee that the employee would win the case. Ultimately, many injured workers—or the heirs of deceased workers—were left uncompensated.
Workers’ compensation acts were enacted by states in response to the unfairness of that result. These acts crea.
Pmf Legal provides clients with boutique legal advice on corporate and commercial matters. The firm has been responsible for a series of significant successes for clients and has been a major contributor in assisting them to protect and expand their businesses.
If dr suess wrote wrongful dismissal claimsSean Bawden
If Dr. Suess wrote wrongful dismissal claims is a review of wrongful dismissal law at Ontario law. It uses a fictitious and silly claim to explain Ontario employment law and to demonstrate how to plead a claim for wrongful dismissal.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
How to Avoid the Pitfalls - 19 March 2014
PRESENTER: CHRIS HARALAMBOUS (Head of Labour Team)
COX YEATS ATTORNEYS
TEL: (031) 536 8557
EMAIL: charalambous@coxyeats.co.za
Legal newsletter for owners, directors and HR professionals with updates on current employment law. In this issue: Also in this issue: The National Minimum Wage / National Living Wage; Family Friendly Rights; Current rates and limits for unfair dismissal and redundancy; pulling a sickie
CHAPTER 20 Employment Law and Worker ProtectionWashington DC.docxtiffanyd4
CHAPTER 20 Employment Law and Worker Protection
Washington DC
Federal and state laws provide workers’ compensation and occupational safety laws to protect workers in the United States.
Learning Objectives
After studying this chapter, you should be able to:
1. Explain how state workers’ compensation programs work and describe the benefits available.
2. Describe employers’ duty to provide safe working conditions under the Occupational Safety and Health Act.
3. Describe the minimum wage and overtime pay rules of the Fair Labor Standards Act.
4. Describe the protections afforded by the Family and Medical Leave Act.
5. Describe unemployment insurance and Social Security.
Chapter Outline
1. Introduction to Employment Law and Worker Protection
2. Workers’ Compensation
1. Case 20.1 • Kelley v. Coca-Cola Enterprises, Inc.
3. Occupational Safety
1. Case 20.2 • R. Williams Construction Company v. Occupational Safety and Health Review Commission
4. Fair Labor Standards Act
1. Case 20.3 U.S. SUPREME COURT Case • IBP, Inc. v. Alvarez
5. Family and Medical Leave Act
6. Consolidated Omnibus Budget Reconciliation Act and Employee Retirement Income Security Act
7. Government Programs
“ It is difficult to imagine any grounds, other than our own personal economic predilections, for saying that the contract of employment is any the less an appropriate subject of legislation than are scores of others, in dealing with which this Court has held that legislatures may curtail individual freedom in the public interest.”
—Stone, Justice Dissenting opinion, Morehead v. New York (1936)
Introduction to Employment Law and Worker Protection
Generally, the employer–employee relationship is subject to the common law of contracts and agency law. This relationship is also highly regulated by federal and state governments that have enacted myriad laws that protect workers from unsafe working conditions, require employers to provide workers’ compensation to employers injured on the job, prohibit child labor, require minimum wages and overtime pay to be paid to workers, require employers to provide time off to employees with certain family and medical emergencies, and provide other employee protections and rights.
Poorly paid labor is inefficient labor, the world over.
Henry George
This chapter discusses employment law, workers’ compensation, occupational safety, pay and hour rules, and other laws affecting employment.
Workers’ Compensation
Many types of employment are dangerous, and many workers are injured on the job each year. Under common law, employees who were injured on the job could sue their employers for negligence. This time-consuming process placed the employee at odds with his or her employer. In addition, there was no guarantee that the employee would win the case. Ultimately, many injured workers—or the heirs of deceased workers—were left uncompensated.
Workers’ compensation acts were enacted by states in response to the unfairness of that result. These acts crea.
Pmf Legal provides clients with boutique legal advice on corporate and commercial matters. The firm has been responsible for a series of significant successes for clients and has been a major contributor in assisting them to protect and expand their businesses.
Be the attorney you dreamed of being. Jump start your career with Tully Rinckey PLLC:
http://www.tullylegal.com/careers/
May, 2015 - This course will be led by Tully Rinckey PLLC Senior Counsel Robert J. Rock, Esq. Mr. Rock will draw upon his over thirty years of experience as a bankruptcy attorney. Mr. Rock will provide guidance to attorneys on alternatives to bankruptcy, evaluating client qualifications for bankruptcy, types of bankruptcy cases, and major laws and rules practitioners should know. Mr. Rock will also provide insight into tactics to avoid potential pitfalls with clients and their bankruptcy petitions.
An individual who contracts with an entity to perform a service independent of the entity’s management and control is considered to be an Independent Contractor (IC)
- Importance of structuring - trading trust
- Role of ATO in insolvency of small business
- Liquidator actions to be mindful of
Presenter: Ben Sewell
Sewell & Kettle Lawyers
If you have further questions later please contact me
Email: bsewell@sklawyers.com.au
Other than arranging for a hearing in front of TV’s Judge Judy, one can either collect the debt themselves or resort to a Judgment/Small Claims Collections Specialist. A fee of 50% of the judgment is the standard collection fee charged by someone in the judgment/small claims reclamation business. The legal status of the court rendered obligation to pay becomes a discounted note that the agent negotiates with the plaintiff. With a course you can do it yourself or for others.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
2. Problem 1
Mel Vanco is a well-known newspaper columnist. She signed a contract with
PQI Daily to write a weekly column in the Lifestyle Section of the paper. She
was paid a monthly remuneration of P311,000.00. The column had been in
print for almost two years when the paper decided to cancel the column upon
the expiration of its latest contract with Ms. Vanco. The columnist protested
the discontinuance of her monthly talent fee, claiming that it was tantamount
to her illegal dismissal from the newspaper since she has already attained the
status of a regular employee.
a) As the newspaper’s legal counsel, how would you justify its decision to
cancel Ms. Vanco’s program which in effect terminated her services in the
process?
b) Is Ms. Vanco a regular employee?
3. ANSWERS:
(a)
As the newspaper’s legal counsel, I would justify its decision to cancel
Ms. Vanco’s column by arguing that newspaper columnists are not
employees of the newspapers.
Under the control test, in order for an employer-employee relation to
exist, the employer must have control not only as to the result of the
work done but also as to the means and methods to accomplish it.
Here the newspaper evidently does not have control as to how Ms.
Vanco would write her article nor as to the result of her writing.
Hence Ms. Vanco is not an employee and the the cancellation or non-
renewal of her contract would not amount to an illegal dismissal.
4. (b)
Ms. Vanco is not a regular employee but a project employee.
Under the Labor Code, a project employee is one whose
employment has been fixed for a specific project or undertaking
the completion or termination of which has been determined at
the time of the engagement of the employee.
Here the employment of Ms. Vanco had been fixed for a specific
project, which is the writing of columns, and which completion
has been determined at the time of her engagement.
Hence Ms. Vanco is a project employee.
5. Problem 2
Denzel worked as ship captain in MV Geckos, a Greek cruise ship based
on a POEA approved Contract of Employment with a term commencing on
June 9, 2012 until June 11, 2013. But due to the financial difficulties in
Greece, the owner of the vessel decided to downsize its operation and
Denzel was repatriated on November 12, 2012. Denzel, upon returning to
the Philippines filed a case for illegal dismissal with the Labor Arbiter
against the placement agency and prayed that he be reinstated to his
former position without loss of seniority rights plus backwages and
attorney’s fees.
a) Will the case proper?
b) Assuming arguendo that the case for illegal dismissal would not
prosper, is there any other remedy that Denzel can pursue?
6. Answers:
a) No, the case will not prosper.
Under the Law on Labor Standards, an OFW does not
become a regular employee no matter how long he
serves the foreign principal.
b) Under the Law on Labor Standards, Denzel can file a
case with the Labor Arbiter for money claims for unpaid
salaries for seven months and if he paid placement fees
he can recover the amount of placement fees plus 12%
interest per annum.
7. Problem 3
Dr. Manang Angal just like most of the professors in the college
of medicine is teaching a load of about 12 to 15 units per
semester. On his tenth year as professor he was not given a
teaching load. Dr. Angal filed a case for illegal dismissal with
the Labor Arbiter. Will he win his case?
Answer:
No, Dr. Angal will not win his case.
Under the Law on Labor Relations, part-time teachers will not
attain permanent status no matter how long they have served
the school.
8. ART. 280. Regular and Casual Employment.— The provisions
of written agreement to the contrary notwithstanding and
regardless of the oral agreement of the parties, an employment
shall be deemed to be regular where the employee has been
engaged to perform activities which are usually necessary or
desirable in the usual business or trade of the employer, except
where the employment has been fixed for a specific
project or undertaking the completion or termination
of which has been determined at the time of the
engagement of the employee or where the work or service
to be performed is seasonal in nature and the employment is for
the duration of the season.
9. An employment shall be deemed to be casual if it
is not covered by the preceding paragraph:
Provided, That, any employee who has rendered
at least one year of service, whether such service
is continuous or broken, shall be considered a
regular employee with respect to the activity in
which he is employed and his employment shall
continue while such actually exists.
10. The foregoing contemplates four (4) kinds of employees:
(a)regular employees or those who have been “engaged to perform
activities which are usually necessary or desirable in the usual business
or trade of the employer”;
(b)project employees or those “whose employment has been fixed for a
specific project or undertaking[,] the completion or termination of
which has been determined at the time of the engagement of the
employee”;
(c)seasonal employees or those who work or perform services which are
seasonal in nature, and the employment is for the duration of the
season;and
(d)casual employees or those who are not regular, project, or seasonal
employees.
(e)Jurisprudence has added a fifth kind— a fixed-term employee.
11. Problem 4
Pablo, a rich merchant in his early forties, was a defendant in a lawsuit
which could subject him to taxes and substantial damages. A year
before the court rendered judgment, Pablo sought his lawyer’s advice
on how to plan his estate to avoid taxes. His lawyer suggested that he
should form a corporation with himself, his wife and his children ( all
students and still unemployed) as stockholders and transfer all his
assets and liabilities to this corporation. Pablo followed the
recommendation of his lawyer. One year later, the court rendered
judgment against Pablo and the plaintiff sought to enforce this
judgment.The sheriff, however, could not locate any property in the
name of Pablo and therefore returned the writ of execution unsatisfied.
What remedy, if any , is available to the plaintiff?
12. Answer:
The plaintiff may invoke or ask the court to pierce the corporate fiction
of the newly formed corporation of Pablo. While it is true that a family
corporation may be organized to pursue estate tax planning, which is
not per se illegal, the facts, however, indicate the existence of a lawsuit
that eventually exposed Pablo to a substantial amount of damages. It
would be difficult for Pablo to convincingly assert that the incorporation
of the corporation was intended merely as a case of estate tax
planning. It cannot be denied that the corporation was incorporated and
organised for Pablo to avoid a just obligation. The separate personality
of the corporation cannot be used as a shield to avoid a clear legal
obligation, and thus it should be treated as a mere association of
persons upon whom liability attaches.
13. As a general rule, the liability of a corporation
is separate and distinct from that of the
persons comprising it. However, as an
exception to the rule,the veil of corporate
fiction may be pierced when the separate
personality of the corporation is used as a
shield to avoid a clear legal obligation. In such
an event, it is treated as a mere association of
persons upon whom liability attaches.
14. Problem 5
Using a personal check, Julia bought a Toyota Altis car from
United Car Sales Center (UCSC). The car was delivered the
same day. When the seller presented the check for payment the
following day, the check was dishonored by the drawee bank on
the ground of insufficient funds. Unfortunately, Julia was nowhere
to be found. Meanwhile, UCSC discovered that the car had been
sold and delivered by Julia to Romeo, who knew nothing about
the problem with Julia’s check. UCSC then filed an action to
recover the car from Romeo, claiming that the sale to Julia was
void. Can the suit prosper? Explain.
15. Answer
No, UCSC’s suit to recover the car from Romeo cannot prosper.
Under the Law on Sales, where the seller of goods has a voidable
title but his title has not been annulled at the time of the sale, the
seller can transfer title to a buyer in good faith. [Art. 1506]
Here the sale to Julia was not void but voidable since there the
consent was vitiated by fraud and the sale has not been annulled.
Hence Julia has a voidable title and she was able to transfer title
to Romeo who was in good faith as she knew nothing about the
problem with Julia’s check. Thus UCSC cannot recover the car
from Romeo who had acquired title thereto.
16. The greatest glory in living
lies not in never falling, but
in rising every time we fall.
- Ralph Waldo Emerson
17. Life is to be enjoyed, not just endured. Do what makes
you happy, be with who makes you smile, laugh as much
as you breathe, and love as long as you live. Stop
seeking out the storms and enjoy more fully the sunlight.
Don't ask yourself what the world needs; ask yourself
what makes you come alive. - Anonymous