Employment Law



Employment Law

Case Study 1

The Law and Contract of Employment

HR can be the key tool used by Empire Accountancy Company to ensure what they are saying and the message they are sending out to the public is transcendent with how internal stakeholders are treated within the organization .

In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty. In this case, the Empire Accountancy Company was liable for negligence as they failed to provide the quality work. This case is the example of non-pecuniary loss.

Negligence is a legal concept usually used by a court to obtain damages in the case of accidents and injuries or scars on the health and recently in the case of environmental damage. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Negligence is the ways that fall below the standards of actions recognized by law for the safety of others against unreasonable risk of harm. He or she has acted negligently if departed from the conduct expected of a convincingly prudent person acting under related conditions. It is the value or condition of being negligent, need of due diligence or care, act or an example of negligence or carelessness. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Non-pecuniary loss is defined as all the inconveniences, including loss of enjoyment of life, pain, mental suffering and other consequences affecting the quality of life of the victim, either temporarily or permanently, due to injuries sustained in an accident (Williams, 1951). In this case Estelle suffered from loss of enjoyment.

Some contractual terms and conditions of an employee's employment will be clearly specified, such as the rate of pay, hours of work and holiday entitlements. Other matters may not be specifically referred to in the contract, but will nevertheless be implied into it - for example, the law of the land is 'implied' into every contract of employment. Neglect means the failure to use reasonable care becomes an unintended injury to another person. This means doing something not usually done by a reasonable person, or failure to do something that a reasonable person would normally do in light of the circumstances. The law states that a person or organization has overall responsibility for negligence when hurt others. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

The Empire Accountancy Company understands that this general conception is relevant to major firms around the ...