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University Degree: Employment Law
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As is customary, everything is simple to start with. Lexical morphology is the study of morphological relations among lexemes. Fundamentally it deals with the relationship between complex and simple lexemes. Try, for example, is a simple lexeme, it cannot be broken down into simpler morphological elements. A more complex lexeme would be trying. In addition, there are compound lexemes, an example being swordfish. Different lexemes have separate entries and different definitions in the dictionary.
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There is a history of poor educational opportunities and job discrimination for Afro-Caribbean in this country.
This implies that as blacks have previously suffered from detrimental racist discrimination and wrongdoings, including slavery and not having the right to vote, they now deserve extra benefits to compensate. This is known as "reverse racism". It argues that as whites once set themselves apart from blacks and claimed privileges for themselves while denying them to others, now, on the basis of race, blacks are able to claim special status and reserving for themselves privileges they deny to others. The question then arises, that, do two wrongs make a right?
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In the United Kingdom, sex segregation of the labour market is likely to continue for the foreseeable future. Discuss.
Sex segregation has its roots in the seventeenth century, where most men did agricultural work while women managed the household and manufactured most of the items the household consumed. Women also earned income by providing goods and services such as homemade products (soap, lace, etc) and caring for the sick. (Reskin and Padavic, 1994). Although growth in the eighteenth century enabled families to run small businesses, widows were the only women who were independent entrepreneurs. The western society slowly began to industrialize in the nineteenth century, causing an alteration in the type of work carried out by each sex.
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From 1 Oct 2004, the law will apply to ALL employers, however small. Where a physical feature makes it impossible or unreasonably difficult for disabled people to make use of services, a service provider will have to: * Take reasonable steps to remove, alter or avoid that feature (considering these options in the order listed); or * Where that is impossible, provide the service by a reasonable alternative method. It is unlawful for a provider of services to discriminate against a disabled person- (a)
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The public debate is polarized between those who believe sex in the workplace doesn't belong andthose who believe it is okay as long as it is between consenting adults.
The couple in the relationship must make it known and demonstrate to fellow colleagues their commitment to their team and company. Even to the point where you disagree with your romantic partner on work issues. The office of the past is much different than the office of the present. The office in the past was dull and formal, where a job was for life and practically no one was fired. Today's office in contrast is more of a home away from home, and it being likely only a temporary one.
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When I refer to the term 'unemployment' I will adopt the notion of an individual not taking an active role in the labour market, and is therefore not working for a monetary income. I will not attach any form of time consideration to the definition when I use the term, for example unemployment over one-year is often considered 'long-term unemployment' however, I shall refrain from using such methods unless otherwise stated. During the 1950's, most black immigrants came to the UK as part of a replacement labour force, which was urgently needed following the loss of a large proportion of the nations labour force during the war.
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But, simply choosing one over another does not necessarily mean that one cereal is worse than another. BETH: Equality of opportunity simply means that everyone should be given a chance to excel if all things are considered equal. Unfortunately, we are not all equal and some of us excel at one thing while others excel at some thing totally different. ALEX: Okay, but how do you answer the admissions in college problem? Imagine that an African American man and I are both vying for a spot into a University. Explain how it is okay for him to be chosen over me simply because he has an added benefit of being of different ethnic background than I am?
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The EAT concluded that where the employer turned down this request, there is still a possibility of indirect discrimination. In Mary's case, a refusal of her request to work part-time (despite a contractual obligation to work full-time) can amount to the imposition of a practice that will be discriminatory unless it can be objectively justified (Lockwood v Crawley Warren Group Ltd.) The test for determining whether an act was discrimination is objective and not subjective. The basic right to request flexible conditions has been introduced by s 474of the Employment Act 2002, which will amend Employment Act 1996. Section 17(2)
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Affirmative action is not intended to directly remedy positional inequality, this task being under the goals of welfare programs. Its origins in a nutshell: The programs of affirmative action stemmed from the urges of mainly Afro-Americans civil right movements in the 1960's. Apart from the call for the abidance by the 13th, 14th and 15th constitutional amendments granting the blacks civil rights and the end of racial segregation, M. Luther King's sit-ins contributed to first affirmative action program. It was J.F.
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Taxman V Board of Education of the Township of Piscataway United States Court of Appeals 91 F.3D 1547 (3D Cir. 1996)
The Defendant (Board of Education of the Township of Piscataway) needed to reduce its faculty by one. New Jersey law strictly enforced layoffs, leaving the school board with no choice except in cases involving faculty members. The Plaintiff (Taxman) a white female business teacher had the same qualifications and was hired on the same day as a black female business teacher. In previous years, when a layoff came about the board had used a random process to determine who would be laid off. In this case, the board decided to use an affirmative action policy as a basis for retaining the black teacher.
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There were existing laws addressing the separation of blacks and whites as Congress was trying to move away from the 99-year old post Civil War history Discrimination was seen in every facet of life including housing, schools, recreational facilities, hospitals, restaurants, parks and public transportation (Bennet-Alexander, D. 2001). Prior to the passage of this law, women and minorities had very little legal recourse when it came to job discrimination. Employer's decisions regarding promotion, hiring and firing of employees went unchallenged.
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There are several things to consider when comparing employment laws between different states. There are costs of hourly wages, the points at which overtime must be considered, amounts of taxes, hiring and firing processes and costs and age requirements.
The level of minimum wage will affect human resource costs that often are a big part of production costs. The overtime point is different for each of the three states. In Idaho, there is no overtime pay. Employees can work as many hours as employers want them to without getting any increase in pay. In Washington an employer must give overtime pay to any employee who works over a 40-hour workweek. Overtime pay is one and one-half of the regular hourly wages. In California regular overtime rates must be paid for any amount over 8 hours and double the regular wages for over 12 hours a day as well as 40 hours in a workweek.
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Employment law - 'Sam, one of the directors of the company feels uneasy about the legal implications of the practice and comes to you seeking advice…What advice would you offer him?'
* The Data Protection Act (1998) * The Human Rights Act (1998) * The Employment Relations Act (1999) * The Employment Act (2002) After reading the statutes it became apparent that some would be more important than others in relation to the question. In terms of definite employment law, the Employment Rights Act (1996) stands above the ancillary acts that come after it i.e. the Employment Relations Act (1999) and the Employment Act (2002). Having decided that the Employment Rights Act was of importance I searched for a book that would be relevant to both the Act and the notion of dismissal, which is a dominant part of the question.
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In the context of a possible liability it is necessary to have a close look at the Directives on redundancy and sex discrimination.
However, if a dismissal for redundancy is to be fair, the employer is required "[...] to give advance notification of collective redundancies to their workers and/or their representatives [see Polkey v Dayton Services Ltd] and to consult with their workers about the implementation of the proposed redundancies"4. Furthermore, he must provide sufficient information to demonstrate that the selection process was fair and that he took reasonable steps to seek alternatives for his employees which was first enunciated in Vokes Ltd v Bear.
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Older persons in sit-coms are generally portrayed as foolish dolts, the butt of jokes and witty barbs tossed about by teenage geniuses who run circles around their poor, idiotic elders. The media generally does not present aging persons in a kind light, and Americans are immersed in media. The multi-billion-dollar industries of diet products, fitness centers, tapes, books, and equipment, all guaranteed to make us look younger, flourish unabated. The medical community can barely keep pace with tummy tucks, facelifts, hair implants, and Botox injections.
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It can also bring cases itself when it believes there has been a breach of the law. A teenage girl was once awarded over �24,000 compensation in 1994 because she was turned down for an apprentice as a motor mechanic because of her sex. The act also means it is against the law to: 1) Discriminate against you because of your sex, martial status or pregnancy 2) Sexually harass you 3) Dismiss you from your job because of your family responsibilities. An example of sex discrimination because of your sex is the Dan Air case. The company, an airline adopted a policy of only employing women air hostesses and refusing even to consider male applicants.
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to both sexes but which puts one sex (or married persons) at a particular disadvantage and cannot be shown to be a proportionate means of meeting a legitimate aim. For example, a requirement to work full-time might be unlawful discrimination against women. In other fields covered by the SDA Indirect sex discrimination occurs when a condition or requirement is applied equally to both women and men but, in fact, it affects a significantly greater proportion of women than men (or vice versa)
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This is a form of racial discrimination, as swimming baths will not normally do this for people because it would disrupt the normal opening time of the swimming bath for the general public that want to use the swimming pool. * Age there are only two good examples of age discrimination and they are as follows; - one of the main forms of discrimination is that you have to be aged 16 - 25 to join the army. The other form of age discrimination is to be a driving instructor you have to have at least three years of driving with no points on your license.
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In the meantime girls might be seen to be assisting the motherly figure with cooking, cleaning and washing the dishes. Young boys might be encouraged (rather not discouraged) to play football, climb trees and shoot pretend firearms with their male pals. Where young girls who might wish to take part in such fun would, more often than not, be called tomboys and frequently be told it wasn't ladylike to behave in this manner. Often we hear comments like she'll grow out of it and she should've been a boy or, in a young boys case, it's just a phase and little weirdo if he tends to prefer make-up or a toy vacuum to more selective male toys.
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Likewise, since 1965, federal contractors had been subject to President Lyndon Johnson's Executive Order 11246, requiring them to take "affirmative action" to make sure they were not discriminating. But what did this 1965 mandate amount to? The Executive Order assigned to the Secretary of Labor the job of specifying rules of implementation. In the meantime, as the federal courts were enforcing the Civil Rights Act against discriminating companies, unions, and other institutions, the Department of Labor mounted an ad hoc attack on the construction industry, cajoling, threatening, negotiating, and generally strong-arming reluctant construction firms into a series of region-wide "plans," in which they committed themselves to numerical hiring goals.
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However, my understanding of equality of opportunity has a broader concept. If positive discrimination is not viewed in isolation (as a legitimate process which individuals receive beneficial treatment due to the group they belong to) but is instead viewed as an essential tool which serves to correct the inequality of opportunity that currently exists in society, then positive discrimination; or affirmative action as it is interchangeably know as, in fact, on balance, promotes equality of opportunity. As mentioned earlier equality of opportunity is not a definite entity. At its basic level it can be referred to as; negative opportunity; the Minimalist position; or 'the simple view.'
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However; discrimination is also a natural part of everyday behaviors. Everybody has preference for food; most people are attracted by beauty and repelled by ugliness; everyone finds interaction with some people more or less comfortable. These acts of discrimination or preference define individuality. We assess people as individuals by the choices they make and the consequences that go with it. Individuality and the right of human beings to make choices are fundamental characteristics of free societies and should be applied until ones rights interferes with another's.
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This report aims to analyse the Certified Agreement between SDAEA and Kmart Australia Limited, which outlines the rights and responsibilities of Kmart employees.
Contents 1.1 Introduction 2 1.2 An Overview of the Changes 4 1.3 Critical Analysis 5 1.4 Conclusion 5 1.5 Recommendations 6 1.6 References 7 1.1 Introduction Kmart Australia Limited opened its first store in 1969. Offering discount goods and promising the 'lowest price guaranteed', Kmart has continue to grow and now has 162 stores across Australia and New Zealand. (Kmart Australia Limited, 2001). Kmart is part of the Coles Myer group, of which the brigade of brands includes Myer Grace Brothers and Target Department Stores.
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Also, an employer cannot make an employee work more than 44 hours per week unless consent is give2. The Saskatchewan overtime rate is clear and concise; overtime must be paid at a rate of 1.5 times the hourly wage of a specific job. If wages are paid monthly, simply multiply the monthly wage by 12, divide by 52, and then divide by the total number of hours worked in a week (which cannot exceed 40)3. Unfortunately, not everyone is Saskatchewan is entitled to receive overtime pay.
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The UK courts established in the case of Strathclyde Regional Council v Porcelli ( 1986) IRLR 134 that acts of sexual and racial harassment committed at work are capable of constituting ` direct discrimnation` under the SDA and RRA. Liability for discrimantion can only be fixed on employers where such discrimation can be based on one of the grounds made expressly unlawful. The SDA, RRA and DDA cover areas such as recruitment, dismissal, job-related benefits and `any other detriment in this regard. In the Porcelli case the court of session accepted that less favourable treatment, in the form of sexual harassment, came within the meaning of detriment.
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