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3 pages/≈825 words
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APA
Subject:
Law
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Essay
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English (U.S.)
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Topic:

Business Law Essay (Essay Sample)

Instructions:

The task was to explain the importance of employment law to both employers and employees. The task provides the important parts of employment law.

source..
Content:

Business Law
Subject
Name
Institution
In studying hotel management or any service providing sector one needs to understand employment law. This will help the stakeholders the employers and employee to do as it is expected by their profession. The law helps both parties to understand what is expected of them and failure to do these results to breach of contract which attracts remedies. Remedies are laid down penalties to any party that breaches the terms of the contract. Employment law has been put in place to protect employees from exploitation of their employers and protect employers from the exploitation that might be brought by employees (Lambiris, 2012).
Question 1.a Terms
Employment contract is made by terms which are implied and express. Implied terms are duties that both parties should play during this engagement. Express terms are terms such as salaries, time of engagement, company policies and what the company expects from an employee. Therefore, in Darcy’s case study the implied terms are duties that he was supposed to perform at the company. Therefore, the implied terms include, exercising skill and being competent, but Darcy breached this term because he was not competent with the computer system (Gibson and Fraser, 2013). This led to mistakes that had consequences to the company. Darcy is also not honest because he gave information in exchange of $50 and yet he is not supposed to do such a thing. The express terms that Darcy breached were the company policy of confidentiality where he gave information to the media of which he was not supposed to do such a thing. Another express term was that the company had a computer reservation system which the staff are well trained on how to use, but Darcy have made mistakes on several occasions that led to guests missing on their bookings. This is because he did not press the confirm button. Darcy’s manager Renoir had orally reminded him severely on how to use the confirm button. The breached terms are sufficient to guarantee termination of the contract because Darcy was not working in the best interest of the company (Latimer, 2012).
Question 1.b Termination
The termination can be termed as unfair dismissal to some extent and to some extent it was just dismissal. The reason behind this is that Darcy was not given notice before he was dismissed and yet he had been in employment for a reasonable time. Also, there was no valid reason related to the termination of Darcy’s contract because he was not at fault because the booking was through internet. Darcy was not given a chance to explain and give his reasons; therefore, this could amount to unfair dismissal. In referring to an earlier case Bi lo vs. Hopper (1992) 53 IR 224 where Hopper was accused of stealing cigarettes from the company because he had marked cigarettes. He was not given a chance to explain just as the same as Darcy. However, termination could be termed as just because Darcy had breached some of the policies of the company such as being efficient in using the computer reservation system (Lambiris, 2012).
Part two
Question A

The person conducting the business has not breached work health and safety legislation because the supervisor has been trained on the procedure to follow during operation. The supervisor has also been provided with a safety booklet. The owner of the business has done as required by the law to provide the necessary safety precaution and measures to their employees. The employer has taken all the measures to ensure that his employees are not exposed to any health hazard related to performing their duties (Emerson, 2009). The employer has also done what is required by the law that any person who employs more than five people should have a health policy. This is well formulated in section two of the Health and work safety Act. Therefore, in part of the company there is no breach of Act because the supervisor is aware of process and responsible of letting the other employees aware of the policy (Gillies, 2004).
Question B
Jack the supervisor may also be responsible for breaching the safety legislation because he is the one responsible of letting the junior employees be aware of the safety precautions they should take in performing their duties. Jack also told Emily that she could use protective wear whenever she wanted and yet the safety booklet stated that the protective wear should put on always. The supervisor did not insist on emptying the oil when it is cool as required in the booklet (Goldman and Sigismod, 2010). The supervisor also did not warn Emily on emptying the oil while it is hot and the consequences that might follow in case such a thing happens (Miller and Cross, 2004). Emily has also breached the work health and safety legislation in that...
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