Monday, February 24, 2020

Employment laws differ in a global environment Essay

Employment laws differ in a global environment - Essay Example Employment laws differ in a global environment in a number of ways. These differences are usually evident in terms of employment, severance policies, consideration for employment, employment litigation, human rights, compensation, discharge, and statutory protection among others (Honeyball, 2008). A good example of a country whose employment laws are different from those of the US is Canada. For example, in Canada, employers must provide employees with at least pay in lieu or a statutory notice of termination, whereas, in the US, employment is ‘at will’ and a notice of termination to an employee is only required if a contract was signed. Another difference in employment laws in US and Canada is seen in the human rights perspective. Both Canada and USA prohibit discrimination in employment on grounds such as religion, ethnic origin, gender, and color among others. When it comes to disability, discrimination is also prohibited in both countries, and employers are required to make necessary accommodations for workers with disabilities. However, in Canada, employers face tougher conditions than in the US since they are required to accommodate drug addicts and alcoholics. These two conditions are recognized as disabilities by Canadian employment laws, and they require accommodation (Honeyball, 2008). There is no valid reason for these differences. All employees and employers should be equally protected by the law; regardless of the region they are located. It does not make sense to protect employers or employees in one area against something, and totally disregard the same thing in another area. Therefore, I do not agree with these differences. The main reason for this is because these differences create an unnecessary rift. For example, why would employers in Canada be required to accommodate drug addicts and alcoholics? It simply does not make sense because such people have made decisions to

Saturday, February 8, 2020

Business Law Essay Example | Topics and Well Written Essays - 2000 words - 12

Business Law - Essay Example Negligence has been defined as conduct that falls below the standard established by law which tends to protect other against any unreasonable risk of harm being caused. The main elements that require proving for a claim of negligence are firstly the establishment of a duty of care, second a breach of that duty, thirdly causation in respect of the breach, proximity and damages caused as a result of the breach. Each of these would be discussed and then an analysis of the elements in respect of the issue would be made. The most important authority which led to the establishment of the principle of negligence is the case of Donoghue v. Stevenson1 under which the final consumer, that is, Donoghue, while consuming a ginger beer found a decomposed snail in the bottle and went on to claim negligence against the manufacturer. In the case the most important discussion was whether the manufacturer owed a duty of care to the final consumer, this question was important as in the current situation the ginger bottle went through different people before reaching the final consumer. Thus the question was of the manufacturer’s duty and the subsequent negligence committed by him when the final consumer consumed the ginger beer, even though the beer had been purchased from a retailer. The main arguments by the manufacturer were that he should not be held liable because the final consumer did not purchase the beer from him. It was found that even though the beer was not brought from the manufacturer, he owed a duty of care to the final consumer and had been negligent.Lord Atkin’s speech in this respect, whereby he laid down the neighbor principle is considered to be vital. The neighbor principle was said to be the fact that a person must take all reasonable care so as to avoid acts or omissions which if seen with reasonable foreseeability are likely to cause an injury to that person’s neighbour. Lord Atkin defined a neighbour to be a