Employment Law Essay Example | Topics and Well Written Essays - 2000 words - 3

Employment Law - Essay Example The contract of employment is the cornerstone of the employment relationship. In Gascol Conversions Ltd., v Mercer1 Courts found that contracts of employment, like all other contracts, consist of express and implied terms and the written statement is only evidence of the various contractual terms and, unless the employee has agreed that it accurately represents those terms, it is not binding on the employee. Here the argument is that at the time of recruiting the employee, employer can impose these restrictive clauses. Restrictive covenants are terms in a contract of employment that limit the employees activities following termination of their employment. Now it need to consider the capacity of Balmoral to change or impose new restrict covenant. In RS Components v Irwin2, a case before the National Industrial Relations Court the employer decided that it needed to introduce restrictive covenants. The NIRC held that held that there was nothing in the section to preclude the tribunal from finding. The dismissal on the grounds of the needs to impose the new restriction fells within the some other substantial reason category. If employees refused to sign, the new contract could therefore be dismissed. Here the Court noted that the employer would have to devise covenants that were not void. It is a landmark case that decided in 1973 should demonstrate best practice, rather than Windsor Recruitment v Silverwood and others3, which decided in 2006. Employment law still has the capacity to spring a surprise. In Hanover Insurance Brokers Ltd v Schapiro4 the CA Dillon LJ argued that a restriction that seeks to prohibit a defendant from poaching any employee, irrespective of expertise or juniority and including those who entered employment after the defendant left, is invalid5. In Living Design (Home Improvements) Ltd. v Davidson6 the CA has recognized the possibility of a restrictive covenant sufficient to

Comparing my Outputs to the Specification :: Computer Science

Comparing my Outputs to the Specification ========================================= The logo My solution to the task allows the users of the system to print off a ready designed promotion package and customise each part of it to include their name and the address of their particular branch of Daisy Chain. The users can alter the logo slightly and can also create a completely new logo from the user guide. They can edit details quickly, for example if a shop moves or a designer is employed, then these details can be added to the business card or letterheaded paper. The system can only use fonts and borders that exist on the software- they can't create original ones. I have managed to produce a suitable logo that meets all the points on the specification. It has been significantly changed since I drew the initial design and I now feel that it is now much better than the original version. Everyone I have asked about it has confirmed this. There are however some points that you can't really say whether the logo has met- you can't tell whether the logo will date or not. If it does then following the user guides could produce a new one. To produce most of the items in the promotional package I used Adobe, which isn't strictly a graphics program, but it has sufficient features to meet all the needs of this project. The Business Card ================= I have produced a business card that meets all the requirements set out in my design specification. It  · Looks professional  · Contains the logo  · Contains the name, address, postcode and website of the company  · Has space for the employees name  · Is striking and very bright, without being garish  · Contains a short statement about what the company does. The card is only one sided and this was something that was said could be improved. This isn't necessary, but could be done quite easily, if the company decided to invest more time and money into it. I have created a user guide that has been successfully tested, so other cards of different styles could be created. There isn't really a need for this however as I feel that the design I have created is successful and doesn't need altering. The card I created is much more interesting than any of the other cards I have looked at, and it meets all the requirements in my design specification. Realistically it may be too expensive to produce but this would depend on how wealthy the company was, and whether it wished to spend a lot of money publicising its image. The Letterhead The letterhead meets all the requirements set by the design Comparing my Outputs to the Specification :: Computer Science Comparing my Outputs to the Specification ========================================= The logo My solution to the task allows the users of the system to print off a ready designed promotion package and customise each part of it to include their name and the address of their particular branch of Daisy Chain. The users can alter the logo slightly and can also create a completely new logo from the user guide. They can edit details quickly, for example if a shop moves or a designer is employed, then these details can be added to the business card or letterheaded paper. The system can only use fonts and borders that exist on the software- they can't create original ones. I have managed to produce a suitable logo that meets all the points on the specification. It has been significantly changed since I drew the initial design and I now feel that it is now much better than the original version. Everyone I have asked about it has confirmed this. There are however some points that you can't really say whether the logo has met- you can't tell whether the logo will date or not. If it does then following the user guides could produce a new one. To produce most of the items in the promotional package I used Adobe, which isn't strictly a graphics program, but it has sufficient features to meet all the needs of this project. The Business Card ================= I have produced a business card that meets all the requirements set out in my design specification. It  · Looks professional  · Contains the logo  · Contains the name, address, postcode and website of the company  · Has space for the employees name  · Is striking and very bright, without being garish  · Contains a short statement about what the company does. The card is only one sided and this was something that was said could be improved. This isn't necessary, but could be done quite easily, if the company decided to invest more time and money into it. I have created a user guide that has been successfully tested, so other cards of different styles could be created. There isn't really a need for this however as I feel that the design I have created is successful and doesn't need altering. The card I created is much more interesting than any of the other cards I have looked at, and it meets all the requirements in my design specification. Realistically it may be too expensive to produce but this would depend on how wealthy the company was, and whether it wished to spend a lot of money publicising its image. The Letterhead The letterhead meets all the requirements set by the design

Psychological Definitions of Abnormal Behavior Essay

According to the science of psychology one’s behavior needs to follow a certain criteria in order to be deemed â€Å"normal†. If one’s behavior does not match the criteria, their behavior is seen as undesirable and wrong (requires change). For this physiologists need to be able to view a person’s behavior and be able to tell the difference between normal and abnormal. Whilst defining the â€Å"normality† of ones behavior physiologists need to be careful to remain objective and as free of any bias as possible, furthermore their experiment to determine ones behavior needs to be repeatable and reliable. In order to do this psychologists often consults the characteristics of ideal mental health proposed by Marie Jahoda in 1958. Marie Jahoda proposed 6 different characteristics for ideal mental health after surveying different doctors and psychologists; this is the list she came up with: * Positive self esteem and a strong sense of identity * Personal growth and development * Ability to cope with stressful situations (integration) * Autonomy and independence * Accurate perception of reality * Successful mastery of the environment, particularly relationships. Jahoda argued that if one does not meet these criteria then ones behavior can be deemed abnormal as a result of an existing problem. This in my opinion provides a strong applicable foundation for the determination of ones â€Å"normality† of behavior. However the problem with Jahoda’s ideal mental health scheme is the fact that the results obtained rely solely on the observer’s judgment, therefore presenting a inevitable bias not to mention the fact that no person can truly ever meet all of the suggested criteria. This mean that according to Jahoda every person is abnormal. Another way to look for abnormal behavior for psychologists is to find deviation form the social norm (majority). This is done by observing ones actions in public and seeing how normal it is. For example if you see someone wearing a bikini/swim trunks whilst walking around a supermarket, his or her behavior would be deemed as abnormal. The limitations of observing behavior in this manor lay in the fact that different cultures have different norms. Not to mention the fact that in any given culture norms evolve. What may have once been acceptable in the 80’s is not necessarily acceptable today. Abnormality of one’s behavior can also be monitored by looking at its statistical frequency. Meaning how common ones behavior is when compared to the rest of the public. If one’s behavior is shared by many it is deemed common and therefore â€Å"normal†, however if ones behavior is uncommon or rare, it is deemed abnormal. For example one may say that an individual who has an IQ below or above the average level of IQ in society is abnormal. The problem with this system is the fact that, it does not account for the desirability of the given behavior. In other words this system claims that both low and high IQ’s are an abnormality that need to be treated. Physiologists and others interested in â€Å"normality†, look over at ones behavior to see how well they can function. If one is unable to function adequately they are deemed abnormal. In order to determine how well one functions, psychologists consult Rosenhan and Seligman’s list of characteristics that define abnormality (1989). Rosenhan and Seligman argued that in order to classify someone as â€Å"inadequate in life† they must meet several of the characteristics as a pose to only one. This is their list: * Suffering * Maladaptiveness (danger to self) * Vividness & unconventionality (stands out) * Unpredictably & loss of control * Irrationality/incomprehensibility * Causes observer discomfort * Violates moral/social standards The possible limitation to Rosenhan and Seligman’s list of characteristics is the fact that â€Å"normal† people engage in activates which are potentially harmful like drinking or smoking, these people are not classed as abnormal. It is very difficult to classify behavior as to date no scheme to do so exists, which is perfect. Physiologists must tread carefully when labeling one with a disorder. Bias will always be present in one form or another, however the results can be deemed reliable if practicing psychologists consult multiple schemes in order to have a better chance of an accurate diagnosis. Bibliography * Class handout â€Å"abnormal?† Mrs campion. * â€Å"DefiningAbnormality.† AS Psychology /. N.p., n.d. Web. 25 Oct. 2012. . * â€Å"Abnormal Psychology.† Abnormal Psychology. N.p., n.d. Web. 25 Oct. 2012. .

The First Generation Of The Family - 926 Words

Mike had given a speech to Bodnar about the hardships that the men went through in the mills. He wondered if God had put him on his earth was to be worked in the furnaces. â€Å"Once I used to ask myself, Is this what the good God put me on earth for, to work my life away in Carnegie’s blast furnaces, to live and die in Braddock’s alleys? I couldn’t believe it. Now I know that God had nothing to do with it. Chance rules the world† (Bell, 197). Mike felt everyone should love the job they work in and shouldn’t feel as if they’re not appreciated. â€Å"I don’t mind work. But a man should be allowed to love his work and take pride in it† (Bell, 196). The third generation of the family seemed to be the strongest willed. Mike and Mary’s son, Dobie, did everything George wouldn’t do and was against not standing up to anyone. He created the birth of labor unionism during his time working at the steel mills. It was against the law to join this labor unionism act. Many of the mills were go into protests about how they were getting treating working at the mills and they weren’t afraid to speak their mind. This interest Dobie that something needed to be done and he started to met with lawyers and investigators. Eventually he was able to get the steel corporation to sign a contract to end the hardships with the steel mills. â€Å"The steel corporation signed a contract with the S.W.O.C. and the most important job ever undertaken by organized labor in America ended with victory for the union† (Bell,Show MoreRelatedA CASE STUDY OF THE INFLUENCE OF FAMILY ON FIRST- GENERATION COLLEGE STUDENTS‚Äà ´ ED UCATIONAL ASPIRATIONS POST HIGH SCHOOL1560 Words   |  7 Pagesï » ¿Impact of Social Networking Sites Usage on Student’s Academic Performance in Pakistan Abstract Purpose – This research paper examines the impact of the usage of social networking sites (SNS) on the academic performance of the students in universities. 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There are many challenges that first- generation’s students have, whether it be finical aid or struggling with having two different culturesRead MoreFamily Genogram is Similar to the Family Tree730 Words   |  3 PagesFamily Genogram A genogram is a tool similar to a family tree that is used to track family history and family relationships. Genograms contain basic information such as: names, genders, birth/death dates, illnesses, social behaviors, achievements, education, family relationships, social relationships and emotional relationships (Genogram Guide, 2009). This paper will summarize finding after completing a three generation genogram of this author’s family history beginning with the maternal (Johnson)Read MoreWhy Hmong Families Left Laos1323 Words   |  5 PagesHmong families, like the Lees in the novel â€Å"The Spirit Catches You and You Fall Down† have been immigrating to the United States since the end of the Vietnam War. The majority of the Hmong living in the U.S. are now located in specific cities and regions of California, Minnesota, and Wisconsin (Lee and Green 2010). The Lee family moved to the Merced, California in 1980 and has had to adapt to life in a new host country (F adiman 1997). Acculturation is used to describe how the culture of immigrantsRead MoreThe First Generation And The Second Generation Immigrants1626 Words   |  7 Pagesunique values might be faded away with each generation because of the new culture exposition. The second-generation immigrants experience a cultural conflict between that of their parents and that of host society. Most of them are unable to preserve and empower their origin cultures. Many differences between the first-generation and the second-generation immigrants arise. Through the analysis of the mother in â€Å"Death of a Young Son by Drowning† and the Das family in â€Å"Interpreter of Maladies†, I would likeRead MoreA First Generation Salvadoran American Student s Pursues Higher Education902 Words   |  4 Pages#3: Interview Summary Role of Acculturation Acculturation can determine whether a first generation Salvadoran American student’s pursues higher education. As new immigrants immersed in the American culture, they have to adapt or comprehend the culture acceptable â€Å"behavior, values, language, and customs† in order to educational succeed (McCallister 2015). Moreover, California is a diverse state that first generation students come across a dilemma of longer period of time to dominate the native languageRead MoreMotivating Firs Generation Students For Academic Success And College Completion902 Words   |  4 Pages The article â€Å"Motivating Firs-Generation Students For Academic Success and College Completion† by Tanjula Petty describes the additional challenges first generation students have to overcome while attending college. A well-heeled diversity and world of opportunities are a few of the positive outcomes of attending college. According to Tanjula Petty (2014), â€Å"Yet, the most cited and widely used definition for first- generation students is someone whose parents has not completed a college degree†. Students