Employer's Duty of Care and Issues of Compensation Research Paper

Employer's Duty of Care and Issues of Compensation - Research Paper Example This issue can be related to the case Hatton  vs.  Sutherland held in 1998, which involved a dispute concerning  compensation  of injuries at work place (Legal Information Institute, 2010). Jake’s  action  in  association  to his scope of employment Scope of  employment  is determined  by the role taken by an employee, which is in accordance with his/her employment contract. This will also  mean that an employer will  refer  to the contract to undertake any action concerning injuries suffered in work places. Jake’s scope of action in reference to his  employment  agreement entails that he should be responsible for checking brakes, tires, oil and transmissions in vehicles from the showroom. As per the employment scope, individual employees are to be compensated for any case of injury, which might occur while in a working station (Steingold, 2010). This is beneficial to the employer in case there is no possibility of employee delivering as per the scope of employment. This will mean that the  employer  will not  take  any responsibility actions  being undertaken  by the employee. Jake’s  role  is service delivery, and he  has been authorized  to  change  the oils in the vehicles regardless of the situations with the vehicles (US Legal, 2011). However, Jake decided to  service  the  whole  vehicle. ... It is for this  reason  that  I  reckon that Jake’s  action  is within his scope of employment. If Jake  had been hired  to change the oil only and not to  service  the vehicles, then he would have been acting out of his scope (Steingold, 2010). Herman’s responsibility for Jake’s injury Jake’s  injury  that occurred while at work is the responsibility of Herman. During the time of the injury, he was working within his scope of employment. Therefore, he  was injured  while he was on duty. That is why the employer should be responsible as stated in the scope of employment. This scope  is usually determined  under the doctrine of superiors, which states that the  employer  is  answerable  (Nolo Law for All, 2010). This  doctrine  also underlines that an employer should assume  responsibility  of the employee since he is  superior  and the employee works under him. That is the reason why the employer should b e  accountable  for any injury suffered by an employee during the time he/she is on duty at work. The employees  are also covered  under the insurance package of the organizations, which means their employers should compensate them in case of injuries at work. In this case, Jake is under the protection of State workers’ compensation laws. This ensures that employees  are compensated  for any injuries incurred during the working hours. This puts Herman into the  picture  as he  is supposed  to be liable to compensate the injury incurred by Jake (Nolo Law for All, 2010). Jake’s overtime  payment Jake is not eligible for overtime payment as he is among the management team in the company owned by Herman. This is because from their dialog we understand that he is on permanent payroll, compared to the

Management Essay Example | Topics and Well Written Essays - 1000 words - 4

Management - Essay Example To avoid misuse and to promote efficient delivery of goals, the government must enforce more stringent measures of regulation and control on the banking and financial sector especially in the given environment of global market meltdown. Answer 2 The property rights and contracts are very important in a market place. A contract is a legal instrument that safeguards the interests of people who forge certain defined relationship through legally enforceable contractual set of rules and guidelines. In the recessive economy and deteriorating market conditions, new issues with wide ranging implications could have serious consequences for business. The property rights are vital issues within social fabric as they facilitate people to exercise control over their resources that they hold or own. Within a market economy, the contract promotes the property rights of business’ products and services and ensures that buyers and sellers maintain their contract as specified within the law. The property rights and contracts therefore help safeguard the rights business over their products and services as well as the rights of consumers who use those products and services. Answer 3 The major Rim countries like Japan, China, India and Malaysia etc. have significant influence on the global commerce due to the fast socio economic development. Through market liberalization, technological advancement and adopting change, they have emerged as major economies to challenge America’s monopoly in the global market. In the deteriorating financial condition of America with massive foreign debts and deficit account balance, dollar has been adversely impacted. As such, collapse of dollar within the new market based economy and increasing importance of Rim countries have redefined socio-economic and political economy of the globe. Indeed, these countries have now turned the table and become major donors rather than borrowers. The developing economies and regional markets now provid e huge potential of growth to the developed nations and are therefore in better position to bargain. Answer 4 Sherman Antitrust Act of 1890 and Clayton Act of 1914 are still important because they promote healthy market competition and dissuade monopoly in market (cornell university, n.d). Unregulated monopolies of products and services adversely impact economy as they tend to eliminate competition. Monopoly promotes the concept of single seller or supplier for products which has so substitute. Thus, the situation can be exploited by the party through higher prices, inferior quality and hindering creativity within market. Sherman Act prohibits monopolies of any kind, especially trusts which tend to transfer power to single entity, across interstate trade and commerce. Clayton Act further strengthened the market regulations when commercial practices like price differentiation, buying out competition etc. were made illegal. Answer 5 The political business strategy is highly pertinent in the current environment of rapid globalization. They broadly refer to the political risks vis-a-vis non market imperatives and macro environment issues that impact business performance across the globe. Thus, political stability and national and regional laws where global business tend to expand their business, the different environmental laws,