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QUESTION
(a) Tom is 15 ½ and he has not eaten for three days because his parents did not have any money to buy food when he approached Mr. Taylor for a job in his factory and the latter decided to give him a job as a messenger. Mr. Taylor lets Tom have a 30-minute break for lunch and one tea break of 15 minutes. Six weeks later Mr. Taylor has still not paid Tom and avoids the subject every time Tom asks him for his wages. Advise Tom(b) Mr. Smith employs Jane as a cashier in his supermarket. Recently money has been missing from the till she works on together with Ann. Mr. Smith is not sure but he suspects that Jane has been stealing from the till. Mr. Smith suspends Jane from her duties and informs her that she has to attend a disciplinary hearing where she will be given a chance to explain. She is not informed that she can have assistance at the hearing. During the hearing, she shows the boss a photograph on her mobile telephone, which clearly shows that it was not Jane stealing. Eight days later she receives a letter from her boss informing her that the board has come to the conclusion that she has committed an act of gross misconduct and that her contract of employment has been terminated. Advise Jane
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Ratio Decidendi Conversely "ratio decidendi" of a case consists of the material facts of such case and the decision made through the judge on the basis of those facts. So hen
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