CHECK THESE SAMPLES OF Employer's Duty of Care and Issues of Compensation
Thus, there is a duty of care placed on people to be careful and weary of the things they do and how they do it if it will affect their neighbours.... However, the duty of care concept was a little too broad and some cases that came after it had to limit its application to relevant issues and matters to ensure fairness.... In Anns V Merton London Borough Council4, a two-staged test was imposed to ensure that the concept of negligence was critically evaluated in order to impose a duty of care....
10 Pages
(2500 words)
Essay
Under that subsection, once the employer has shown that the reason for dismissal was redundancy, the determination of the question whether the dismissal is fair or unfair is determined by the Tribunal and takes into account whether in the circumstances (including the size and administrative resources of the employer's undertaking) the employer acted reasonably or unreasonably in treating it as a sufficient reason for dismissing the employee following equity and the substantial merits of the case....
14 Pages
(3500 words)
Case Study
duty of care was first addressed in Donoghue v Stevenson2.... In summing up Brett MR made the observation that whenever one person is by circumstances placed in such a position with regard to another, that every one of ordinary sense who did think would at once recognise that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger....
8 Pages
(2000 words)
Case Study
The paper "Voluntary Assumption Of Tort Liability In English Law" discusses the law on compensation for psychiatric harm in respect of the assessment criteria used by the courts in finding liability specifically in the area of employer's liability for negligence.... hellip; The presence, as well as the degree of foreseeability, is highly important in addressing the level of culpability for a negligent employer; rarely is it a black and white case of 'negligent or not negligent' and the courts have addressed that there are degrees of negligence which should be reflected in the compensation gained by the employee....
7 Pages
(1750 words)
Case Study
This includes important problems and issues with the balance between profitability and the requirement for ethics in relation to social and environmental matters that culminated into health and safety issues and major employment challenges that led to important and serious problems for the employees of the organization.... The McWane Story included various issues which are contrary to the obligations and requirements of a good employer.... This includes the focus on profits rather than other issues and matters like working with sensitivity and concerns for employees and workers....
11 Pages
(2750 words)
Assignment
In the case of Maggie Wheeler, the facts of the case have been analysed with reference to the legal issues and the procedural requirements involved in the process.... This paper "Employment Law - Action To Tackle Bullying At Work" focuses on the fact that employers and employees are required to observe certain procedures with regard to employment to avoid misunderstandings, which will improve the employment climate and promote human relationship....
14 Pages
(3500 words)
Case Study
The person who permeates the physical action has to have a legal duty of care that arises through various means.... The legal duty of care comes to be through a legal contract, a blood relation, a voluntary undertaking or through one's official position.... On the other hand, the employees have to take sufficient care to negate any health risks....
The fundamental objective relayed by the health and safety Act is the provision that each and every employee has a duty to ensure that the place of work is safe....
6 Pages
(1500 words)
Case Study
It also covers the duty of the employer prevent harm to the employees, be it physical or mental impairment that has a substantial and a long-term effect on the employees, and on their abilities to work.... … The paper "Work- Place Injury and compensation" is a good example of law coursework.... The statutory duty that applies to the case study in question is the statutory compensation law to the injured employee in their line of duties....
9 Pages
(2250 words)
Coursework
