Employment law Essay Example | Topics and Well Written Essays - 1500 words

Employment law - Essay Example The employer is required to prove just because as a reason for dismissal, which requires him to show proof that the employee has been habitually found to engage in misconduct that eventually resulted in the current dismissal and this may require the tabling of warning letters or specific directives in a court of law. When an employee is dismissed based on ‘Just Cause’ principle, the employer is not obliged to provide notice to the dismissed employee nor is the employee entitled to any pay in lieu of notice. However, certain occasions, the employer may be required to furnish the dismissed employee with reasons for the dismissal. An employee whose service has been terminated through wrongful dismissal may seek remedies through the help of courts of law. Under the common law, such employees can be reinstated to their previous jobs or places of work. As most employment relationships are contractual in nature, the courts of law would most instances determine cases of unfair d ismissal based on the principles grounded in contract law. This requires the employers to compensate the wrongly dismissed employee for the earnings and benefits lost during the reasonable period of time they would have been in employment if the notice was given in good time. Under the ‘Wallace Cause’ established in the case of Wallace v United Grain Growers Ltd, the courts established that the employer is under an obligation to give ample notice period of the intention to dismiss an employee and any contravention of this, the courts can extend the dismissal period. This effectively makes employers who act in bad faith by being untruthful and end up dismissing their employees liable for such dismissals. The damage awarded is commensurate with the bad faith demonstrated by the employer and are determined as the determination of other damages in cases involving morals. The damages are calculated from the date the employee was dismissed according to the terms expressed in the contract itself. The computation of damages will include expected earnings, benefits and any other compensation the dismissed employee would have earned if a reasonable period was given. The common law allows for a negotiation of a reasonable period while statutory provisions provide fixed notice periods for notice to dismiss. In summary, a wrongfully dismissed employee is entitled to salary that could have been earned had a reasonable notice period be issued inclusive of any awards in salary increment that may be effected in the period after dismissal and other benefits such as commissions and overtimes. Other benefits that accrue to employees in the course of employment such as houses of residences, insurance and mortgages must be duly paid or given to him. Case Study 2 There are many tests for distinguishing an employee from an independent contractor. It is important to note that all these tests look at the substance or what occurred in such employment relationship rather tha n what is written in a particular contract. The first and most important test is the level of control that the hiring person has over the performance of the work in terms of place, time and the manner in which it is done. An individual who does not have the control over such aspects is an employee while the vice versa in terms of control refer to an independent contractor. The risk test provides that the independent contractor bears risks that come with the performance o

Should Alcohol Sales Be Allowed at College Sporting Events Essay

Should Alcohol Sales Be Allowed at College Sporting Events - Essay Example I acknowledge that beer and chips are a traditional part of any spectator sport activity, which is why our university has been quite lenient over the years regarding the entry of alcohol into the stadiums and sports arenas. As a student body, we know the risks involved in binge drinking and we acknowledge that the university authorities constantly remind us that we must know how to place the alcohol â€Å"in the belly and not in the brain†. But there will always be students who overstep the bounds and get drunk either before, during, or after the game. It is important that you understand that the recent violent actions of some students have nothing to do with the sale of alcohol at the college sporting events. The sale of alcohol is a necessary evil when it comes to keeping a college or university sports program alive. While the budget during the year for the sport is set aside by the board of trustees of the school, that does not mean that the amount set aside will be suffici ent enough to cover all of the necessary expenses that the team will incur during the year. The coaches already admitted that the revenue from alcohol sales helps to keep the team in active play. The alcohol sales help to augment the shortage in the budget. While it is true that there is a tendency among the students to abuse alcohol at the sporting venues, that is not to say that all of those who drink excessively will be prone to acts of violence. The same goes for tailgating parties that occur prior to the events. Alcohol is one of the main drinks served at such parties which occur prior to the game. In this situation, the alcohol serves as a bonding instrument for the students, who come together pre-game in order to celebrate and prime themselves for the game ahead. Although alcohol is abundant at tailgating parties, there has never been any conclusive evidence to prove that the alcohol consumed by the spectators pre-game has anything to do with their mindset and actions once th ey enter the stadium. Spectator violence is something that usually happens in Europe but only began to emerge in the United States. Not all of the spectator violence is alcohol related. There are other ways and means that opposing teams can get on each other's nerves or egg each other on. Acts as simple as taunting, teasing, gesturing, destruction of public property, and physical challenges can all lead to spectator violence. But that does not necessarily mean that alcohol is to blame for the actions of the students. There are other reasons, such as being high on illegal drugs, that contribute to the problem of spectator violence. To automatically assume that excessive alcohol intake by the students is the primary cause of violence means that you are barking up the wrong tree. Remember that there is a high police profile at these stadiums during these events due to security concerns. These law enforcers are the first line of defense when it comes to silencing a drunk spectator. Gran ted that the police cannot guard every student that enters the venue. But the guards at the gate can definitely tell who is entering intoxicated. In which case, a Breathalyzer test can automatically be administered in order to prevent the outbreak of misunderstanding and violence at the venue. The drinking starts long before the students enter the venue. Therefore, the students who try to enter the venue drunk can and should be denied entry until the sober up. Keep in mind that restricting alcoholic intake at the sports venue just means that the students will get their alcohol fix before, during, and after the game in another manner. A manner that will most likely cause spectator violen