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Business Law: MAD-IDEA - Case Study Example

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"Business Law: MAD-IDEA Case" paper states that under the Computer Misuse Act 1990, it is an offense to commit an unauthorized alteration of the contents of a computer for the purpose of intentionally impairing it or preventing the access and use of the data therein…
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Business Law: MAD-IDEA Case
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Download file to see previous pages Before a claim can be filed, however, Justine must establish the following conditions: a comparator of the opposite sex; the comparator performs the same kind of work as Justine, and; the comparator is employed by the same company as Justine’s (Blanpain et al, p.56). Evidently, all these conditions are already met by Justine with Thomas easily filling in the role of the comparator, as he is not only of the opposite sex but also an input data worker like Justine employed by MAD-IDEA.

Justine could either claim under “like work,” “work rated as equivalent,” or “work of equal value.” A claim under the “like work” provision of the Equal Pay Act 1970 is laid down in s 1(2)(a), provides that if a woman performs a function of a “like work” with a male employee and any of the terms of the contract has become less favorable to her when compared to that of the male worker, such term should be adjusted or modified to make it unfavorable to her. Under s 1(4) of the said law, a woman is said to be of “like work” with her male comparator if her work is broad of the same nature with the latter and if there are differences, such are not of practical importance to the terms and conditions of the employment.

Shields v Coombes (Holdings) Ltd [1978] ITR 473 restated this provision as a three-stage approach: “First, was the work of the same or a broadly similar nature? Second, if so were there any differences between the things she did and the things he did (regard being had to the frequency, nature, and extent of such differences) of practical importance? Third, can the employer prove that any variation between the woman’s contract and the men is genuinely due to a material difference (other than the difference of sex) between her case and his?” (qt. Bell 50).

A claim under “work rated as equivalent” presupposes a prior job evaluation using the criteria of skill, qualifications, effort, and responsibilities. If an employer filled positions in a foregoing manner, then the presumption is all should share the same pay scales, at the very least (Chandler 282). ...Download file to see next pagesRead More
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