Nobody downloaded yet

Employer's Duty of Care and Issues of Compensation - Research Paper Example

Comments (0) Cite this document
Summary
Employer's Duty of Care and Issues of Compensation Insert Name Institution Course 19th February 2012 Employer's Duty of Care and matters of Compensation Introduction Injuries acquired in workplaces are numerous, and they happen daily. These kinds of injuries can be fatal and non-fatal…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.2% of users find it useful
Employers Duty of Care and Issues of Compensation
Read TextPreview

Extract of sample "Employer's Duty of Care and Issues of Compensation"

Download file to see previous pages This issue can be related to the case Hatton vs. Sutherland held in 1998, which involved a dispute concerning compensation of injuries at work place (Legal Information Institute, 2010). Jake’s action in association to his scope of employment Scope of employment is determined by the role taken by an employee, which is in accordance with his/her employment contract. This will also mean that an employer will refer to the contract to undertake any action concerning injuries suffered in work places. Jake’s scope of action in reference to his employment agreement entails that he should be responsible for checking brakes, tires, oil and transmissions in vehicles from the showroom. As per the employment scope, individual employees are to be compensated for any case of injury, which might occur while in a working station (Steingold, 2010). This is beneficial to the employer in case there is no possibility of employee delivering as per the scope of employment. This will mean that the employer will not take any responsibility actions being undertaken by the employee. Jake’s role is service delivery, and he has been authorized to change the oils in the vehicles regardless of the situations with the vehicles (US Legal, 2011). However, Jake decided to service the whole vehicle. ...
It is for this reason that I reckon that Jake’s action is within his scope of employment. If Jake had been hired to change the oil only and not to service the vehicles, then he would have been acting out of his scope (Steingold, 2010). Herman’s responsibility for Jake’s injury Jake’s injury that occurred while at work is the responsibility of Herman. During the time of the injury, he was working within his scope of employment. Therefore, he was injured while he was on duty. That is why the employer should be responsible as stated in the scope of employment. This scope is usually determined under the doctrine of superiors, which states that the employer is answerable (Nolo Law for All, 2010). This doctrine also underlines that an employer should assume responsibility of the employee since he is superior and the employee works under him. That is the reason why the employer should be accountable for any injury suffered by an employee during the time he/she is on duty at work. The employees are also covered under the insurance package of the organizations, which means their employers should compensate them in case of injuries at work. In this case, Jake is under the protection of State workers’ compensation laws. This ensures that employees are compensated for any injuries incurred during the working hours. This puts Herman into the picture as he is supposed to be liable to compensate the injury incurred by Jake (Nolo Law for All, 2010). Jake’s overtime payment Jake is not eligible for overtime payment as he is among the management team in the company owned by Herman. This is because from their dialog we understand that he is on permanent payroll, compared to the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Employer's Duty of Care and Issues of Compensation Research Paper”, n.d.)
Employer's Duty of Care and Issues of Compensation Research Paper. Retrieved from https://studentshare.org/law/1443038-employer-s-duty-of-care-and-issues-of-compensation
(Employer'S Duty of Care and Issues of Compensation Research Paper)
Employer'S Duty of Care and Issues of Compensation Research Paper. https://studentshare.org/law/1443038-employer-s-duty-of-care-and-issues-of-compensation.
“Employer'S Duty of Care and Issues of Compensation Research Paper”, n.d. https://studentshare.org/law/1443038-employer-s-duty-of-care-and-issues-of-compensation.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Employer's Duty of Care and Issues of Compensation

Employer's Duty of Care and Issues of Compensation

...?Running Head: EMPLOYER'S DUTY Employer's Duty of Care and Issues of Compensation and Submitted Employer's Duty of Care and Issues of Compensation Question 1: Explain what scope of employment is and whether Jake’s actions are in or out of “his scope of employment.” Scope of employment refers to the actions of a person (employee) hired by another person (employer) to perform duties while he (employee) is subject to some control either directly or...
4 Pages(1000 words)Assignment

Employers Duty of Care

...Employer’s Duty of Care 1. Explain whether Jake’s actions are in or out of “his scope of employment.” First and foremost, Jake was clearly identified as the service manager. As service manager, therefore, the scope of responsibilities include governing the functions of the department including planning, directing, organizing and controlling service activities that need to be attended to. The video did not disclose any information on the number of service personnel under his jurisdiction. One could simply assume that he was alone attending to all the service requirements of all the cars that were offered for free change oil service because when he opted to have his...
4 Pages(1000 words)Essay

Employer & Employee

...Employer & Employee Within the professional literature at large, there are a number of disciplines from whose perspectives Website of Employer-Employee.com and their qualities are being studied, namely engineering, education, business, communication, and the social sciences. The field of communication offers principles most adaptable to users use. In the communication literature, the Internet and the Web are discussed as distinct media of communication that are sufficiently different from other media as to warrant further exploration. It is noted that there are no traditional methods for studying the Internet, and that, although it is obviously a distinct type of communication medium, it is as yet...
2 Pages(500 words)Essay

Company Director's Duty of Care

...UK COMPANY LAW AND THE COMPANY DIRECTOR'S DUTY OF CARE The longest Act ever formulated which ran up to 300 sections, the Companies Act 2006 introduces several reforms and is basically an amalgamation of practically all existing company legislations. Written in a straightforward manner, the Act has specific focus on small businesses. The Government believes that the Act will help firms and business owners save claims 250 million a year, including up to 100 million for small businesses. In particular, sections 171 to 177 of the Companies Act 2006 codify common law directors' duties owed to a company. In essence, the bill initiates significant proposals for reform that will have impact on...
8 Pages(2000 words)Essay

Negligence and Duty of Care

...is to examine the validity of this argument by examining the duty of care, which forms the basis of this principle. We find that, although in recent years there have been some attempts to curb the expansion; the tort of negligence is dominating tort actions. Although this document concentrates upon the tort of negligence, it is helpful to provide a brief understanding of Tort law in general. Tort law differs significantly from contract law, which is based upon the execution of a previously made undertaking. The key issue in tort is the protection of an individual’s rights and interests. This relates to their physical being; the property they own; their present and future fiscal position...
7 Pages(1750 words)Essay

Duty of Care

...not to compensate for all the losses suffered as the courts will only make an award for the foreseeable amount of the loss. This could mean that the victim would not be fully compensated for their loss. In bringing claims for economic loss the courts sometimes have difficulty in assessing how much can be claimed. With the principle of the duty of care the courts will look at the proximity of the plaintiff to the damage caused4. This principle of proximity has been developed from the case of Donoghue v Stevenson5 and is generally applied after a duty of care has been established. In imposing liability the courts will consider the...
7 Pages(1750 words)Essay

Statutory duty against employer

...Statutory duty against employer Problem A: JACK Jack can bring an action of tort either under the broad concept of negligence or for breach of statutory duty against his employer. In Thames Trains v HSE,1 the Court did not strike a trial court ruling finding a case of breach of duty despite determining that the statute in issue did not give rise to a civil law action of breach because on the basis of the facts presented, a parallel duty of care may arise. Thus, it is a common practice to plead breach of statutory duty with negligence.2 An employer has...
8 Pages(2000 words)Essay

Employer's Duty of Care and Issues of Compensation

...Running Head: EMPLOYERS DUTY Employers Duty of Care and Issues of Compensation and Submitted Employers Duty of Care and Issues of Compensation Question 1: Explain what scope of employment is and whether Jake’s actions are in or out of “his scope of employment.” Scope of employment refers to the actions of a person (employee) hired by another person (employer) to perform duties while he (employee) is subject to some control either directly or indirectly...
4 Pages(1000 words)Assignment

Employers Duty of Care

...to take Jake’s place and do the change oil service himself. In this regard, Jake’s actions are actually within his scope of employment. According to Damewood (2012), the duties and responsibilities of an auto shop service manager is “normally focused on satisfying the customers through correctly determining the problems with their vehicles and repairing them in a timely and cost-effective manner” (par. 3). Although Herman identified that he should just focus on providing the free change oil service, the extra service provided by Jake ensures that the customers would be satisfied with his work. Further, any additional costs needed from checking the basics: the brakes, tires and transmission would be...
4 Pages(1000 words)Essay

Global Compensation Issues

...Global Compensation Issues here> Table of Contents Introduction 2 Summary of China’s Characteristics 3 Implicationsof the above Characteristics in China 3 Competitive Advantage for a U.S. firm operating in China 4 Expatriates Compensation Package 4 Employment Law and Regulations 5 Conclusion 5 References 6 Introduction Compensation is one of the key functions of human resources management in any organization. A compensation package can be defined as a monetary or non-monetary payment to a worker for tasks done within a specified period of time. Proper management of human resources is critical as it affects an organization’s performance both directly and indirectly. Human resources personnel determine compensation rates... which directly...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Research Paper on topic Employer's Duty of Care and Issues of Compensation for FREE!

Contact Us