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QUESTION 1
"misconduct must be viewed in the specific context where it occurs and in the relevant nature of the relationship existing between the employee and the employer;" (Satianand Beegoo v. Deep River Beau Champ). Discuss in detail the requirements, both substantive and procedural which must be complied with in order to ensure a fair dismissal in the event of misconduct.
QUESTION 2
(i) With regard to the Commission for Conciliation and Mediation (CCM) write about the following: referral of a labour dispute to the CCM, rejection of a labour dispute by the CCM, appeal to the Employment Relations Tribunal against the rejection.
(ii) List five principles as enumerated by the Employment Relations Act 2008 which the CCM may apply in the exercise of its functions in relation to a matter before it.
Question 1: (a) Bob works as a machinist in XYZ Ltd where Mr Rony is the director. Bob gets injured whilst using the machine. Explain the action to be taken by Mr Rony in that
Exceptions: The rule in Turquand's case will not apply if: i.The person suing the company is in fact an insider, such as a director of the company: Howard v Patent Ivory
JURISDICTION According to Peter Stephen Du Ponceau, an international lawyer from Philadelphia, Jurisdiction, in its most general sense means; "The power to make, declare, o
Avoidance of Floating Charges: Under s.314 liquidation automatically renders void any floating charge created within the period of 12 months before commencement of liquidation
Repugnance to Justice and Morality However the customary law will be applied only whether it is not repugnant to justice and morality.Even though the Act needs the phrase "and
Public Law: Whether it contain of those fields or branches of law where such the state has an interest as the sovereign egg criminal law, administrative law, constitutional l
International Peace and security Pacific settlement of disputes means to resolve disputes to avoid threats to International Peace and security so that such disputes do not beco
Limited Partnerships Through virtue of the Limited Partnerships Act, such the liability of certain partners that may be limited to a certain extent. Further the chief provisions
Advantages of Negotiable Instruments (i) A negotiable instrument provides a creditor regarding a better remedy, since once it has been issued like or accepted whether applicab
Ratification - Law of Agency and Partnership However this is the adoption or confirmation through a person of a contract previously entered in through another. Well
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