Constructive Dismissal and Unfair Dismissal Claims Essay

Constructive Dismissal and Unfair Dismissal Claims - Essay Example Although, Raj’s employer reserved the legal right to end his employment contract, their failure to serve proper notice on him regarding the issue amounts to unfair dismissal. The dispute is therefore actionable by the Employment Tribunal or Court (Collins, 2011). Failure to provide proper Raj with notice of his impending dismissal amounts to wrongful dismissal in the sense that the employer showed clear disregard for the employment contract which they signed with the employee in question. Unfair dismissal is provided for under Section 95 of the Employment Rights Act 1996. Owing to the low evidentiary threshold for establishing unfair dismissal even where the employer had adhered to the provisions of the employment contract, proving Raj’s case is easier.The enforcement of a fair dismissal requires the grounds for the action to fall within the parameters of one of the half-dozen fair grounds for dismissal stipulated in the Act. These include: gross conduct, incompetence o r lack of qualifications, redundancy, violation of laws, and or some other substantial reason (SOSR) (Cabrelli, 2009). Unfortunately, Raj’s summary dismissal for mere, unintentional lateness by 20 minutes due to train delay fails to meet any of these conditions of fairness in his treatment. The employee’s long-term exemplary service and an apology over the latest incident outweigh the â€Å"gross misconduct† grounds for his dismissal.   Wrongful dismissal Knight and Latreille (2001) noted that wrongful dismissal is defined by ERA  § 95.

Australian Law Protection for E-pBusiness Essay

Australian Law Protection for E-pBusiness - Essay Example Inventions are products that are 'novel' and different from other things that have already been made or that are known about. As with copyright, under patent law, an invention must be in some physical form: an idea in itself cannot be protected. As Australia moves from an industrial to an information society, it is clear that commerce will increasingly take place in an electronic or cyber world as opposed to a physical one. Accordingly, no firm today can ignore the issue of electronic commerce (e-commerce), and this realization has had a significant impact on Australian business, be it domestic or export. The most obvious development of e-commerce is the growth of business on the Internet where, according to an IBM advert, Every month 53,000 new servers connect to the Internet. That's 1.2 servers per minute going on-line. And the scary part is, this is only the beginning. In line with this, according to the Federal government's Australian Multimedia Enterprise, the number of business web sites in Australia is set to jump from 30,000 to over 250,000 in the next few years. The focus of this paper is e-business on the Internet (Clark & Hoyle) The Company which I have chosen for my study is Anime International with a wide range of internet and broadcast viewing. Anime International: Executive Summary: Anime International primary risk involves around the nature of its business, which is in the area of internet business; this leads to business risk exposure in the area of breaches of Intellectual property (IP) through the competitors accessing the IP through the employees and through inappropriate use of client IP by employees. A business needs to develop a more strategic, integrated approach to protect their IP and to better commercially exploit their IP portfolios. As well, they must make use of the information and knowledge which other firms and organizations have already generated. Australian businesses are 'wising up' to the real value of their IP portfolios. By developing and incorporating IP strategies into their business plans, they are protecting their competitive advantage for today, and ensuring their company's financial success well into the future! IP Australia is able to offer general advice on IP and protection strategies, but cannot provide advice specific to your bu siness. (IP Australia) Thus the law does not provide sufficient means to protect IP or individual invention. Introduction to Anime International Anime International Inc. has been operating since 2001. The main service provided by Anime International is an online retailer of Japanese Animation related products to customers worldwide from orders placed online at http://store.animeinternational.com. Anime International, Inc. has positioned itself as one of the largest Anime Suppliers Online. Anime International, Inc. is an authorized selling agent for licensed manufacturers and distributors of Japanese Animation merchandise around the world. They have been established globally for many years and have built up a strong reputation over time as industry leaders in the service they provide. Products distributed include: Dvds and Music; Manga and Books; Toys and Figures; Art Work; Cards and Games; and other merchandise such as accessories, jewelry, and even kitchenware. The company sells over 10,000 diverse products in the

Software Development Life Cycle Assignment Example | Topics and Well Written Essays - 1250 words

Software Development Life Cycle - Assignment Example Software Development Life Cycle The protocol is able to support a variety of web pages and web applications ranging from basic to complex programming of computer games. To be supported in the web-server and data server hosting system, these web pages can be developed through various tools, as per its abilities, such as Dreamweaver and Front Page applications for developing simple web pages and similarly, Java, ICEFaces or .Net for developing complex applications. As per the referred use case, the information sharing process starts with the collection of raw sources from the internet which is then stored in the database servers prior to its transmission to the web servers. From the web servers, the information passes on to the routers and subsequently, the encrypted information is transferred to the end users through LAN, WAN and other internet servers. Before the information passes on to the web servers, as planned in the use case, it needs to pass through a web barrier, i.e. the firewall that restricts sharing of personal and unauthenticated information. System analysis and design principally refers to the systematic approach towards the designing and analysis of information transition systems or communication software. This particular approach is often regarded as Structured Systems Analysis and Design Method. In the referred use case, it can be observed that the designed SSADM intends to be operated by connecting external end users and internal end users on the basis of a complex web-server and database server system which will further be protected with a firewall application. Notably, a router has been considered to support the interface operations, in the SSADM. Theoretically, there are various stages which need to be followed when developing a SSADM. Fundamentally, six stages can be identified in the SSADM process, as listed below, Stage 1: Investigating the current problems associated with the systems operations to identify the need of SSADM Stage 2: Specifying the requisite features in the SSADM to evaluate and finalize option al methods in developing the system Stage 3: Selecting the most applicable technical options which can be appropriate to support the services required to be hosted by the information system Stage 4: Data designing to determine the range of data or information that can be served through the protocol Stage 5: Elaboration and feasibility check of the data transmission process planned on the basis of the developed SSADM through process design Stage 6: Designing the physical structure of the entire SSADM process (Shere2000, 2001) Database In the referred use case, appropriate procurement of relevant information is very much required in order to encrypt the information and its appropriate transition through the complex designing of the entire information system. Under such circumstances, new database server will be required to support the wide variety of schemas or tables. It is in this context that the different schemas will be required to support the vast range of information hosted by the web servers. However, the client will have another option of sharing databases over internet, using the systems of Microsoft SQL server and/or Oracle. Even though such mechanisms may be considered as useful in expanding the versatility of the server, it might also raise threats to data leakage being shared through cloud. Also, if the server application tends to use and XML methodology, it

Exploring a Business Practice of a nurse managed health care facility Essay

Exploring a Business Practice of a nurse managed health care facility - Essay Example Quality service delivery and the becoming communities’ choice in medical provision, Valley Medical Group must have quality personnel, resources, and equipment that meet the current medical service delivery. Notably, from its records, it apparent that Valley Medical Group aims at providing quality medical services to its targeted communities especially from the fact that most of its medical staffs have the right certification that qualifies them from charging their duties. Additionally, the institution has numerous associates with experience that help in meeting the institutions mission towards attaining its vision. Moreover, the institution fulfills the regulations that require it to operate. This means that it will at all times be operational. The institution’s equipment also makes it the preferred institution for medical checkup especially the radiology (Perry, Serven, and Suescun, 2008). Meeting the laid down regulation including environmental regulation especially in the application of x-rays and disposal of wastes as well as having qualified radiology technicians, makes Valley Medical Group an institution of choice from by its targeted customers. Customers, in this case pat ients, will only go to medical centers where they are assured of their safety and not developing other medical conditionals fuelled by poor quality management of the medical institutions that they seek medical services. Therefore, Valley Medical Group’s environmental control mechanisms particularly its reduction of environmental radiation from X-ray makes attract many patients. Nonetheless, it should be noted this practices are never expensive if well followed and executed (Penner, 2004). For instance, the Valley Medical Group’s medical wastes are only paid for once a year as required by the state medical waste regulations. The financial management of every sound organization usually needs a sound financial management that is mainly pegged on the institution’s

What are the legal and the social standing of women in the early 1800s Essay

What are the legal and the social standing of women in the early 1800s - Essay Example This paper will discuss the legal and the social status that women had during the period of 18th century, especially focusing on the early years of the century. Body The status of women during the 18th century can clearly be understood through the theory of power, dominant and non-dominant class of George M. Fredrickson (Fredrickson, n.d.). According to Fredrickson there is a dominant group that owns and controls all the rights and they do not offer these rights to other individuals of the society and this group thinks that they are superior to other individuals of the society. Similarly women during the 1800s and before were recognized as weak by men as men were the people who formed the elite group and represented the dominant class. During the 1800s men worked in jobs where they were the producers of goods and services and women and their children stayed home. During the 1800s century, the myth was that women were weaker as compared to men and did not have the ability to conduct w ork that required intellectual and muscular power. This created a view that working in organizations was very hard and the role could only be conducted by women. During this period, the domestic chores such as taking care of home and making food were assigned to women and men were involved in labor that required both mental and physical fitness such as hunting and plowing. (Welter, 1996). The task that women conducted was quite heavy in nature but they were not realized as tasks that require strong physical and mental health. The main task that a woman had during the 19th century was giving birth to a child and they used to remain busy in this task for quite a long period of time. In the 1800s the majority of the population of America shared a belief that women were inclined towards religion and they were thought of as individuals who would work with God and will ensure that the world is free of evil through their love which was categorized as pure and full of passion and suffering. Religion was found to be the best associate of women as they could easily practice it within the boundary lines of their homes. No woman was allowed to stand against or not practice religion and those females who did so were treated in a negative manner. Women were highly regarded for their purity and sex before marriage was seen as a curse and an illegal form of activity. According to Thomas Jefferson’s concept of cultural assimilation those who had less power and rights should accept the norms and cultural values of those who were dominant in society. Thomas Jefferson’s theory of assimilation can be applied to the men and women of the 1800s. This is because men had more resources and they were the dominant ones, so the women who had fewer rights and were the non-dominant ones had to accept what their husbands had to give to them and comply with the demands of the husbands of that period. During the early period of the 19th century women even had an inferior status a ccording to law. Those females who were used to give up own identity and all the assets owned were transferred within the control of their husbands. The US law was even based on the idea that man had similar ownership over his wife and children as ownership of property. Fathers used to make decisions and law directed women to obey their husbands’ decision. Later during the 1830s and the 1840s certain changes to law were made. One such law was the Equity law that focused on giving equal rights to men and women. During the era of 1839, a woman legally had a right to sue her husband and

Nursing leadership and management Essay Example | Topics and Well Written Essays - 1000 words

Nursing leadership and management - Essay Example It is the duty of nurses in leadership positions to examine the contributing factors leading to nurse shortage and high turnover. This is to become familiar with the situation for them to determine the necessary approaches that would improve the retention strategies. The primary objective of the examination among leaders is to convey the severity and problems related to nursing shortage and high turnover allowing them to devise solutions such as successful employment of nurses and retention strategies (Fabre, 2005). This increases the number of registered nurse; thus, improving the quality of care. Leaders need to study the reasons why new nurses quit this profession. This may include job satisfaction and disillusionment. Leaders should make it clear that nursing profession should not be perceived based on individual commitment since it requires in depth knowledge of illness, suitable treatment, appropriate managerial skills, and emotional strength (Gordon, 2005). There is need to reveal a definite employment brand in the nursing profession. In order to enhance the dedication of nurses so that they can become industrious members of the workforce, job satisfaction is necessary. The nursing leaders should develop a retention committee that will address sensitive issues such as improving job satisfaction and endorsement. Moreover, it is the responsibility of leaders to create and maintain a favorable environment. This allows the connection of employees with the organization. This enhances recruitment as well as retention of nurses. The nurse leaders can also examine the process of hiring new nurses, and maintain efficient communication with them as a way of enhancing employee contribution. The organization leaders must be keen on the perceptions of nurses for them to respond to the needs of nurses promptly. Managers need to provide rewards and recognize the effort of nurses because it assists in

International Law †Definition Essay Example for Free

International Law – Definition Essay There have been many attempts at codifying the laws governing international activities. An international law essentially governs international activities, or activities that have international implications, between two sovereign nations or entities by common rules, standards and conditions. The concept of legally binding agreements with an international scope was first introduced by Jeremy Bentham in the last quarter of the 18th Century (ILC, 2009). Jeremy Bentham was an English philosopher who first coined the idea of an international law that would regulate all important activities or aspects of international activities like commerce, justice, high sea activity, illegal acts, sovereignty, self defense and crime (Britannica, 2009). International law is inherently different from other laws as it primarily addresses the concerns of nations and not private citizens. It can legally be categorized into three different legal disciplines: 1. Public international law deals with common law issues between sovereign states and international organizations. Legal areas that are covered under the ambit of Public international law include international crime, high sea issues and humanitarian laws. 2. Private international law also called as conflict of laws, addresses the issue of ‘private relations’ across national borders and decides on the jurisdiction of the law. It has its roots in all the conventions, model laws, sovereign laws, legal guides, and all other documents and related instruments that govern such international relationships (ASIL, 2009). 3. Supranational law also called the law of supranational organizations, governs regional agreements between two international entities and distinguishingly nullifies laws of the respective nations in a situation of conflict with their sovereign laws. Public International Law Public international law relates to the form and ‘conduct’ of individual states and various organizations across the globe. Over a period of time, there has been an increased international activity and globalization has further enabled internationalization of issues. These issues, whether, economic, geo-political, environmental, criminal or else, find their right place under the ambit of Public international law. Public international law mainly has two branches that that deal with international issues. ‘jus gentium’ or ‘Law of nations’ was initially used by the Roman empire when they dealt with foreigners. Law of nations is a common law among nations that deals with issues like peace and war, extraditions, national boundaries and international diplomatic exchanges (Wiki, 2009). The other branch of Public international law, known as ‘Jus inter gentes’, also finds its roots in the Roman law system. This branch mainly deals with international treaties, conventions and other agreements between sovereign nations and international organizations. Public international law is also used to address sovereignty issues of nations, their boundary issues and jurisdictions. They also identify the legal responsibilities of a state, their jurisdiction of a territory and other territorial issues. This may lead to a situation of conflict between the international law itself and the sovereign state. Private International Law Private international law as described earlier addresses the issues between two private international entities. This branch of law regulates all the lawsuits that involve an element ‘foreign’ in nature and ones that may result in different interpretations and judgments depending on the jurisdiction of the subject (Collier, 2001). Private international law, in a situation of conflict between two international entities, determines if the proposed forum has any jurisdiction at all over the conflict situation. It then analyses and decides on the ability of competing state laws in dealing with the dispute. This branch of international law is also responsible for enforcement of the law. The term ‘conflict of Laws’ generally refers to the disparities between laws and reflects this disparity irrespective of the fact whether the legal system is international or inter-state. The term ‘conflict of laws’ is used by countries with common law system whereas the term Private international law is used more appropriately in cases where civil law countries are involved. The term that was initially used by and American lawyer and Judge Joseph Story for a common gamut of international laws, was discarded later by the common law researchers but was adopted by civil law lawyers (Collier, 2009). Since Private international law deals with international territorial disputes and also decides on legal jurisdictions of nation states, it is generally not easy to enforce decisions. There are two different lines of legal thinking that that try to define this law. One called ‘universalism’ is a stream of thinking where the researchers believe that this branch of law is a part of international law and applies in uniformity and is legally binding to all the nation states. The other group of researchers claims it to be ‘particularism’, according to which each state has its own unique norms of private international laws and pursues them in line with its policies. There are two major areas of functioning for Private international law. ‘Sensu stricto’ or narrow sense comprises of these set of rules and guidelines that actually determine the applicability of law of a nation in relation to the dispute. ‘Sensu lato’, also called as broader sense, comprises of a set of legal guidelines that has a direct bearing on material norms crossing the borders of a state (Collier, 2009). This branch of Private international law normally deals with global issues like international insurance, realty and financial disputes. It was in 1834 that Joseph Story’s treatise on the conflict of laws introduced the contemporary field of conflicts to the system of international law. His work had a great influence on the further legal research done on English laws and thus became the heart of Private international laws for most of the commonwealth countries. Sources of International law International law has evolved over a period of time and has its roots in the Middle Eastern and European history. It was Muhammad al-shaybani who first introduced the Law of the Nations at the end of the 8th century. These were the early legal treaties that explored applications of Islamic ethical code of conduct, and Islamic economic and military jurisprudence in relation to international law. Even though these treaties were in their nascent stage as per today’s complexity of issues, they still covered a number of areas under the ambit of international law, including treaties involving diplomats and diplomatic issues, issues of war, hostages and prisoners of war, and also women, children and civilian protection issues, especially during conflicts (wiki, 2009). The first ever treaties discovered in European history were written by a philosopher, theologist and jurist, Francisco de Vitoria, a staunch Roman Catholic, in late 16th century. Most of these legal opinions by the researchers were greatly influenced by the Islamic International laws that were the only legal International law treaties that took shape in the previous few centuries. Another legal scholar Hugo Grotius in the early 17th century further researched on the international treaties governing international laws and was credited for his legal endeavors (Wiki, 2009). The concept of sovereignty further evolved from the 17th century to the early 20th century in Europe. It was in Munster, in 1648, Germany that the first such instance of any treaty governing the concept of international law called ‘Peace of Westphalia’ took shape. This is when nationalism took precedence and people started identifying themselves with a certain nation-state. It was in the United States that history saw for the first time a modern instrument of international law take shape. Lieber Code was passed in 1863 by the Congress of the United States to govern actions of US forces involved with the civil war (Wiki, 2009). This was the first ever written law detailing guidelines and rules of war that were adhered to by all the civilized nations. The sources of International law are various resource materials and the processes that have shaped it over a period of time. Most of these processes or the building blocks of rules were greatly influenced by the politics in general and the legal theories by the researchers or philosophers. The decisions taken by the judges and the writings by the jurists are considered the auxiliary sources for the development of the international law. The international treaties between nation states and organizations, and the customs are also considered international laws of equivalent legitimacy (Wiki, 2009). As per the International Court of Justice, Customs are considered a primary source for International law, along with general principles of law and various treaties. International law and Customs Customary law is already acknowledged by the International Court of Justice by a statute in Article 38(1) (b), and is also incorporated in United Nations charter by Article 92 (Villiger, 1985). Customary laws are applied by international agencies in addressing the issues related to international disputes where the application of customs is considered an equivalent to the general practice accepted a part of International law applicable to the dispute. As a thumb rule, as and when a practice becomes a custom, it is applicable to all the member states of the international community. These states are bound by these customary principles whether or not they have consented for it, unless they opposed it from the start. Customs have long been a primary source for International law. Even though codification of customary laws took place in 1899 and 1907 in the Hague and Geneva conventions, some customs that were codified, like the ‘laws of the war’, had long been the part of international customs. The new codification of customary civil laws developed over a period of time since the middle ages. The customary expressions of law that were repetitive and were widely accepted within a particular community were written into laws by the local jurists. An example of such law would be ‘custom of Paris’ that regulated the community within Parisian region (Villiger, 1985). The term ‘customary law as a part of International law, also refers to the legal norms that were developed over a period of time and with customary exchanges between two independent states either through diplomacy or with wars. Though customary laws are not considered as superior as other laws written by statute or treaties in the International law system and are loosing their influence, they still are considered and recognized as building blocks for the ever evolving international laws and given great thought in most of the scholarly works by jurists. We may find examples of strong customary laws across the globe, like the Canadian aboriginal law, that have a constitutional backing and thus have an increasing influence over deciding factors (Villager, 1985).