LEGAL SYSTEM

Legal System

Legal System

This case involves the negotiation of certain partnership issues by two lawyers who are planning to form their own law firm. Each student assumes the role of one of the prospective partners and negotiates with another student playing the role of the other party. The exercise is intended to help students develop their planning, problem solving and negotiation skills, and to reinforce their knowledge of substantive partnership law. The fact pattern is intended to present a setting in which an interest-based approach to negotiation is indicated, and to demonstrate the importance of economic, business, relationship and personal issues in transactional law practice. The main argument behind a no-negotiation policy is rather straight-forward, claiming that if no concessions are made, terrorism will prove unrewarding and hence not be attempted in the future.

Contractual Issues

There are certain circumstances where the law is eager to protect employees who are vulnerable to victimisation, by providing that certain circumstances will automatically give rise to a claim for unfair dismissal - irrespective as to whether an employee has been employed for the one year qualifying period. These situations include a claim for dismissal in connection with the exercise of maternity rights; dismissal relating to whistle blowing; accompanying workers at a disciplinary hearing; trade union membership or activity; or for taking legal action against an employer to enforce statutory rights. For a dismissal to be fair, an employer must also show that it followed a fair procedure. Section 34 of the Employment Act 2002 inserted a new Section 98A into the Employment Rights Act 1996 .

The Dismissal Act

The Fair Work Act 1994 (SA) concerns to workers not enclosed by the Fair Work Act 2009 (Cth). Under the Fair Work Act 1994 (SA) [s 109] if it can be shown to the Industrial Relations Commission that an worker was brushed aside in a kind that was rough, unjust or awkward, the Commission can alignment the boss to reinstate the worker in the identical or a distinct place or, if that is not befitting, to yield to the worker an allowance of compensation.

However, some workers are omitted from taking activity under this provision, including:

An worker not enclosed by an accolade who profits from over a certain allowance (approximately $98,200 per annum in 2007 - this allowance rises each year with increases in the cost of living).

An worker on a repaired period agreement or a agreement for a set task, who is brushed aside when the time has run out or the task is done. Of course, they may have a assertion if they are incorrectly brushed aside before then.

An worker who is on a probationary time span, as long as it is not irrationally long and is very resolute in advance. The probationary time span will not continue after 12 months, but most probationary time span are less than three months.

A 'casual employee' - but not all employees who are called 'casual' actually are so. If a so-called “casual” worker has worked on a normal ...