Practice Test
... 7. Guyan Machinery, a West Virginia manufacturing corporation, hired Albert Voorhees as a salesman and required him to sign a contract stating that if he left Guyan he would not work for a competing corporation anywhere within 250 miles of West Virginia for a two-year period. Later, Voorhees left Gu ...
... 7. Guyan Machinery, a West Virginia manufacturing corporation, hired Albert Voorhees as a salesman and required him to sign a contract stating that if he left Guyan he would not work for a competing corporation anywhere within 250 miles of West Virginia for a two-year period. Later, Voorhees left Gu ...
Theme 4 Common Law Contract of Employment
... ◦ a reciprocal contract in terms of which an ◦ employee places his services at the disposal of another person or organisation, as employer, ◦ at a determined or determinable remuneration in such a way that the ◦ employer is clothed with authority over the employee and exercises supervision regarding ...
... ◦ a reciprocal contract in terms of which an ◦ employee places his services at the disposal of another person or organisation, as employer, ◦ at a determined or determinable remuneration in such a way that the ◦ employer is clothed with authority over the employee and exercises supervision regarding ...
Scott - NYU School of Law
... Or Rest 229 Excuse of a Condition to Avoid Forfeiture (conditions are to be strictly enforced, but also there are excuses of a condition) To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its o ...
... Or Rest 229 Excuse of a Condition to Avoid Forfeiture (conditions are to be strictly enforced, but also there are excuses of a condition) To the extent that the non-occurrence of a condition would cause disproportionate forfeiture, a court may excuse the non-occurrence of that condition unless its o ...
judgment - MalawiLII
... situation of extreme hardship by his employers. Further the words “mutual agreement” in section 35(1) in my understanding connote a consensus of intention between the employee and employer. There must be a meeting of the minds, as it were. The termination must be discussed and agreed upon by the par ...
... situation of extreme hardship by his employers. Further the words “mutual agreement” in section 35(1) in my understanding connote a consensus of intention between the employee and employer. There must be a meeting of the minds, as it were. The termination must be discussed and agreed upon by the par ...
Document
... duty of care, of which the particular cases found in the books are but instances. ...The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer's question: Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid act ...
... duty of care, of which the particular cases found in the books are but instances. ...The rule that you are to love your neighbour becomes in law you must not injure your neighbour; and the lawyer's question: Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid act ...
CCR Template
... Incentive plans implemented prior to August 1, 2008, remain in effect, but shall be submitted to the director upon request. New or modified incentive plans shall be submitted to the director for review prior to implementation. The director’s review shall be completed within 90 days, unless the direc ...
... Incentive plans implemented prior to August 1, 2008, remain in effect, but shall be submitted to the director upon request. New or modified incentive plans shall be submitted to the director for review prior to implementation. The director’s review shall be completed within 90 days, unless the direc ...
3010 EMPLOYMENT LAW - U of L Class Index
... in court for breach of contract. Where employees are covered by a collective agreement negotiated between the employer and the trade union, a grievance can be filed and ruled upon by an arbitrator if no negotiated settlement is made. Pay Equity In all common law provinces, private sector employers a ...
... in court for breach of contract. Where employees are covered by a collective agreement negotiated between the employer and the trade union, a grievance can be filed and ruled upon by an arbitrator if no negotiated settlement is made. Pay Equity In all common law provinces, private sector employers a ...
Discipline and Discharge
... • Reinstate with partial back pay/reduction of penalty – Evidence established grievant engaged in misconduct but discharge not ...
... • Reinstate with partial back pay/reduction of penalty – Evidence established grievant engaged in misconduct but discharge not ...
1 - Lexum
... Columbia, as expressed by Mr. Justice Galliher. The question resolves itself into a finding of the intention of the parties as expressed in their agreement. ...
... Columbia, as expressed by Mr. Justice Galliher. The question resolves itself into a finding of the intention of the parties as expressed in their agreement. ...
Unit 30
... reasonable & proportionate to that from (or threatened by) claimant & only justified in self-defence & not when committed after attack in retaliation (Cockcroft v Smith (1705)) & occupiers may use reasonable force to oust trespassers, provided def has 1st asked them to leave, although where trespass ...
... reasonable & proportionate to that from (or threatened by) claimant & only justified in self-defence & not when committed after attack in retaliation (Cockcroft v Smith (1705)) & occupiers may use reasonable force to oust trespassers, provided def has 1st asked them to leave, although where trespass ...
1 - MalawiLII
... same control, as if it had originally been given in the registering court. Observably, section 4 of the Act does spell out the circumstances under which the court should decline to order registration of a foreign judgment or arbitration award. This brings us to the question of how a foreign arbitrat ...
... same control, as if it had originally been given in the registering court. Observably, section 4 of the Act does spell out the circumstances under which the court should decline to order registration of a foreign judgment or arbitration award. This brings us to the question of how a foreign arbitrat ...
Benefits - LexisNexis South Africa
... “Take into employment” has been interpreted to mean that employers may not employ new persons to replace striking employees on a temporary or permanent basis. An employer may use its existing employees to continue with operations. The aim is to discourage employers from resorting to an offensive lo ...
... “Take into employment” has been interpreted to mean that employers may not employ new persons to replace striking employees on a temporary or permanent basis. An employer may use its existing employees to continue with operations. The aim is to discourage employers from resorting to an offensive lo ...
PDF format
... Hard Suits Inc (1994) 89 BCLR (2d) 356 (SC) the court attempted to clarify the effort required when a party uses his best efforts. Some of the principles can be summarised as: • Best efforts would impose a higher obligation than reasonable efforts. • Best efforts include doing everything known to be ...
... Hard Suits Inc (1994) 89 BCLR (2d) 356 (SC) the court attempted to clarify the effort required when a party uses his best efforts. Some of the principles can be summarised as: • Best efforts would impose a higher obligation than reasonable efforts. • Best efforts include doing everything known to be ...
RTF format
... Hard Suits Inc (1994) 89 BCLR (2d) 356 (SC) the court attempted to clarify the effort required when a party uses his best efforts. Some of the principles can be summarised as: • Best efforts would impose a higher obligation than reasonable efforts. • Best efforts include doing everything known to be ...
... Hard Suits Inc (1994) 89 BCLR (2d) 356 (SC) the court attempted to clarify the effort required when a party uses his best efforts. Some of the principles can be summarised as: • Best efforts would impose a higher obligation than reasonable efforts. • Best efforts include doing everything known to be ...
Court of Appeals No. 00CA2154
... agreed to pay plaintiff a $7,500 retainer, his reasonable expenses, and “in the event of a new comprehensive credit facility that is acceptable to [defendant], a fee of one per cent (1.00%) of the aggregate amount of the financing.” As contemplated by the agreement, the parties jointly prepared a me ...
... agreed to pay plaintiff a $7,500 retainer, his reasonable expenses, and “in the event of a new comprehensive credit facility that is acceptable to [defendant], a fee of one per cent (1.00%) of the aggregate amount of the financing.” As contemplated by the agreement, the parties jointly prepared a me ...
12214 bytes - Tenth Circuit Opinions
... Mr. Frazier’s “Supplement” as a request to reinstate his original application for attorney fees. This, too, however, could lead to a confusing result, since the application is specifically styled as one for fees under the EAJA, and those fees have already been awarded by the district court. A review ...
... Mr. Frazier’s “Supplement” as a request to reinstate his original application for attorney fees. This, too, however, could lead to a confusing result, since the application is specifically styled as one for fees under the EAJA, and those fees have already been awarded by the district court. A review ...
Courts Reluctance to Interfere with Commercial Bargains
... Unsurprisingly, The Judge found that there is a significant risk that a non standard software product may not perform to the customer’s satisfaction and that a loss of profit might well result in such cases. Those risks were clearly in the contemplation of Sanderson and Watford Electronics when the ...
... Unsurprisingly, The Judge found that there is a significant risk that a non standard software product may not perform to the customer’s satisfaction and that a loss of profit might well result in such cases. Those risks were clearly in the contemplation of Sanderson and Watford Electronics when the ...
AWR 2011 - The HR Exchange
... agency worker during the period in which they are not working for the exemption to apply. -The “minimum amount” must be at least 50% of the worker’s basic pay while on assignment and must not be less than minimum wage (Reg 11). -Reg 10 also states that, during the periods between assignments, the ag ...
... agency worker during the period in which they are not working for the exemption to apply. -The “minimum amount” must be at least 50% of the worker’s basic pay while on assignment and must not be less than minimum wage (Reg 11). -Reg 10 also states that, during the periods between assignments, the ag ...
Suggested Additional Assignments
... 7. On Monday night, Louise is talking on her cell phone with Bill. “I’m desperate for a manager in my store,” says Louise. “I’ll pay you $45,000 per year, if you can start tomorrow morning. What do you say?” “It’s a deal,” says Bill. “I can start tomorrow at 8 a.m. I’ll take $45,000 and I also want ...
... 7. On Monday night, Louise is talking on her cell phone with Bill. “I’m desperate for a manager in my store,” says Louise. “I’ll pay you $45,000 per year, if you can start tomorrow morning. What do you say?” “It’s a deal,” says Bill. “I can start tomorrow at 8 a.m. I’ll take $45,000 and I also want ...
Cultural dimensions, self-concept, self
... describing breaches of commercial contracts. Friedman et al. (2007) drew on the literature of individualism and collectivism to predict that US arbitrators will hold individuals accountable for contract breach, whereas Chinese arbitrators will hold groups accountable. In the commercial field it is o ...
... describing breaches of commercial contracts. Friedman et al. (2007) drew on the literature of individualism and collectivism to predict that US arbitrators will hold individuals accountable for contract breach, whereas Chinese arbitrators will hold groups accountable. In the commercial field it is o ...
Evictions - Keeping Your Home
... May have a contribution to pay towards costs May be a recovery of money/preservation of property Effect of award of legal aid on expenses Advise client about cost implication of opposing application ...
... May have a contribution to pay towards costs May be a recovery of money/preservation of property Effect of award of legal aid on expenses Advise client about cost implication of opposing application ...
Maine uninsured-motorist law trumps policy language
... Butterfield's policy "allows the insurer to assess and calculate the risk, and to charge a reasonable premium to cover the risk, and to charge a reasonable premium to cover that risk." The majority decision, they wrote, "when taken to its logical conclusion, means that an insurer offering uninsured- ...
... Butterfield's policy "allows the insurer to assess and calculate the risk, and to charge a reasonable premium to cover the risk, and to charge a reasonable premium to cover that risk." The majority decision, they wrote, "when taken to its logical conclusion, means that an insurer offering uninsured- ...
I. The Business Cycle a. The business cycle describes the
... employee will feel insulted during this low pay period. The employer would have swallowed a big training cost and the employee will “jump ship” the moment the economy picks up. e. Because wages don’t fall, they are unusually high during a recession. Thus it takes a lot of economic stability for empl ...
... employee will feel insulted during this low pay period. The employer would have swallowed a big training cost and the employee will “jump ship” the moment the economy picks up. e. Because wages don’t fall, they are unusually high during a recession. Thus it takes a lot of economic stability for empl ...
Harvester case
Ex parte H.V. McKay (1907) 2 CAR 1, well known as the Harvester case, is a landmark Australian labour law decision on a fair living wage for workers. The case had national ramifications and was of international significance.H.B. Higgins in the Commonwealth Court of Conciliation and Arbitration held that an employer was required by law to pay a decent, fair wage to his workers. Higgins had been appointed President of the newly created Commonwealth Court of Conciliation and Arbitration in 1907 and had been a Justice of the High Court of Australia since 1906.