Week 4 summary and one discussion question - Essay Example

SUMMARY OF DISCUSSION QUESTIONS An agreement entered into by an agent for performance of services for the principal makes him contractually bound. Further, even if there is no remuneration, the agent may be held accountable, so as to uphold relation of confidence. The duties include abiding by contractual obligations agreed upon (not for unpaid agent), adhering to lawful and reasonable instructions of principal, maintaining standard of care and skill, personally perform the tasks assigned, keeping them confidential and account for transactions made.

There are two kinds of authorities that is actual and apparent authority. Actual authority is where there is a legal relationship with consent and the agent and principal are solely involved. Express and implied authorities are the two heads of actual authority. Express authority is construed by words (if contract written) or by evidence (if oral). Implied authority can be found by looking at actions of agent. Apparent authority is where principal represents to other persons that he has delegated authority to the agent.

Theoretically the affirmative action is a way through which equal opportunities to minorities and females is provided . It has been seen that there has been a change in attitude towards hiring of the minority and females, it has still been seen that high positions have still been dominated by the majority, this can be seen by looking at the statistics of CEOs of company, Heads of Defence and Judiciary. In today’s world there is a strong need for further affirmative action to be taken so as to allow equal opportunities to minorities and to females, so as to prosper.

Finally pre-employment testing has been allowed to the extent of their relevance to the job. Thus any tests which are found to be discriminatory to persons with disabilities or any other sort have been termed unlawful. Thus it has been said that extreme precaution must be taken if such tests are to be carried out, by looking at scientific validity, relevance to job and respect to right of privacy.SUMMARY OF RE-HIRINGThe trend of allowing employees to leave the company when they desire has been seen in the professional world.

The ethics has been that if such employees are not allowed to leave they will possibly convince others to leave the company as well. However, this is not the only reason for allowing the employee to leave. Other reasons include benefits which accrue might come the company’s way if the employee leaves.The next issue which will now be considered is that of the re-hiring of the employee. It has been said that a former employee may be recruited again depending on the way he left the company. There can be no reason of denying the fact that such a possibility exists.

There are a number of ways an employee could have left the company. It can be through the terminations of the contract by the use of notice by any of the parties concerned. If the termination has been due to vital mistake made by the employee then it can clearly be stated that it would be impossible for him to be re-hired. However, if there were other causes for the termination then there would be a strong chance for re-hiring.Further a termination can be due to the breach of a vital clause. If such a cause is found, then it is evident that the employee would not be re-hired, even if there is vacant position..If it is found that the employee left without any reason whatsoever, then it can be said that the probability will be equally divided.

At this point it is necessary to state that the rules regarding discrimination must be followed because if an action for discrimination is successful in a court then there will be a possible remedy for re-hiring. BIBLIOGRAPHYAssociation of Chartered Certified Accountants (Great Britain). (2007). Corporate and business law (global). ACCA paper, F4. London: BPP.