Monday, February 17, 2020

Employment law Essay Example | Topics and Well Written Essays - 1000 words

Employment law - Essay Example The employee breached the covenant and worked with one of the competitors in the course of the 3 years, hence forcing the plaintiff to seek court injunction restraining him from continuing with the competitor’s business (Lewis and Sargeant, 2004). The injunction was granted by the court on the grounds that it was reasonable to both parties. Therefore, the reasonableness of the terms of the covenant is the important factor a court considers when making a ruling. In our study case, the two clauses are reasonable, for instance, because 12 months is not a very long time and 20 miles radius is a fair distance. However, possible breach must be directly related to these terms. Clause 13 (a) intends to restraint Ian from working as a Director for any UK-based Film Corporation, which means that this cannot be enforceable because Ian left to become a Senior lecturer rather than a Director. However, Clause 13 (b) will be enforceable because the defendant is leaving to work for a firm, wh ich is connected with film industry located within the 12 restricted miles. Advise Julia of any rights that she may have under the Equality Act 2010 in the way that she has been treated. Equality Act 2010 protects Julia from discrimination based on her gender. Her employer owes her a right to establish policies, which should protect her from being discriminated by the male colleagues. Under sex discrimination, the Act protects her from being treated less favorably by her colleagues merely because she is a female and has been promoted. Julia’s colleagues have created an unfair, hostile, intimidating, humiliating, degrading and offensive environment for her considering the actions they have unleashed on her. All these acts have been spelt out clearly under this Act and she can successfully file a suit against her perpetrators. Altogether, the Equity Act 2010 protects Julia from demotion from her status on discrimination grounds, her employer does not have a right to demote her unless there is some legitimate reason such as poor performance or incapacitation (Wadham et al., 2012). Advise Kai on whether she can be classed as an employee for purposes of claiming benefits. Under the UK employment law, Kai could be eligible for payment of benefits after employment if she was contributing to a pension scheme while in job. There are a variety of social security schemes, some of which are compulsory and must be implemented by the employers. An example of such compulsory schemes is the state social scheme, which entitles the employer to share the monthly payments with the employees. Nonetheless, only those employees who are employed full-time takes part in the compulsory and the state pension scheme contribution. Although Kai has worked for English Hearts Film Corporation for eight years now, the employment contract still recognizes her as a casual employee and hence not eligible for the compulsory social scheme contribution (Lewis and Sargeant, 2004). Notably, ho wever, Kai could be eligible to receive the benefits even without having contributed if his job is terminated unfairly. From the terms of his job, it seems he has worked for the University for the past eight years with 12 months full payment every year plus other benefits. This means that his job cannot be terminated by of lack of enrollment without being unfair to him. The

Monday, February 3, 2020

Activity Based Costing Essay Example | Topics and Well Written Essays - 750 words

Activity Based Costing - Essay Example Currently at Stream International, there is no defined way of recruiting and appointing people. Personnel management and conductance of HR activities at Stream International do not follow a charted procedure. As given in the case data, 34 different people conduct HR activities. Due to this, some of the activities like payroll, training etc. get duplicated. For Stream International, costs of human resources hiring, training, development and even allocation of resources is getting duplicated. Jobs are getting redundant because too many people are hiring individuals without any consideration of specific requirements categorized by departmental needs, roles and skills demanded. Controlling and supervision is also getting haywire because employees are not under single leadership. Also, due to excessive hiring by a number of HR people, roles have become ambiguous. Thus, people have outnumbered actual job duties. If number of recruiters at Stream International is large and undefined, recruitment will not be efficient because views and opinions will bound to clash and appropriate candidate would be difficult to find who can fulfill wishes of all. As such, first of all, there has to be made a central recruitment team or division which carefully analyzes manpower requirements of divisions, skills demanded and then hires accordingly. Re-engineering the recruitment process has to be undertaken. While doing so, departmental (Leitner 2004:3) dependencies have to be taken into account. For example, if an employee can undertake two activities of two different divisions, there is no need to hire two separate individuals for both the activities. By identifying people requirements based on departments, salaries, bonuses, incentives, training and development and other expenses can be easily apportioned to the respective business so that costs and