Illustrate the Potential Impact on Law
LESSON OBJECTIVE
Assessment Criteria P3
Evaluate the different approaches to management used by different organisations
Below are questions pertaining to lesson 3. Please ensure to answer each question correctly.
1. Provide brief key term definitions of the following:
a. Legislation
b. regulations
c. Standards
2. Explain in detail how Employment law would impact a business.
3. Identify the ways in which Company law is important in a business.
4. What is negligence?
5. Discuss what an injured party must prove in order to show that an employer was negligent.
Assessment Criteria P3
Evaluate the different approaches to management used by different organisations.
1. Provide brief key term definitions of the following:
a. Legislation
b. regulations
c. Standards
Legislation is the act or process of making or enacting laws. Government debates the matter periodically.
Regulation is a rule put i place by government or authority. It goes in details of the company Act. A rule or directives made and maintain by an authority or government. Regulation carry out specific piece of legislation (such as for the protection of environment). Regulation are enforced usually by a regulatory agency formed or mandated to carry out the purpose of a legislation.
Standard are the concept, norm or principle establish by government and used generally as a example or model to compare or measure the quality or performance of a practice or procedures
2. Explain in detail how Employment law would impact a business.
Environmental Legislation will impact business operation, Businesses have to find environmental and friendly ways of disposing of waste that will not contribute to pollution. They can be found negligible .
Impacts the Health and Safety of staff employees and the public. Employees or the public can litigate for negligence if they can prof that their loss or damages was as a result of the business poor health practices. This will impact the business reputation (Goodwill) profit margin and less confidence from stakeholders in the business.
Business has to be regulated and registered. if not they can be found ineligible of running a business under license that can cause the business to lose down or they will have to pay a find.
Workers under the age of 18 are not to be meaningfully employed, business will be found negligible
3. Identify the ways in which Company law is important in a business.
The rule of law allows business to understand what is expected of them in their personal capacities but also sets forth rules for businesses so that they, too know what is expected of them in their dealings and transaction. In addition, it restrains government and others from infringing on property rights, should disputes arises, the rule of law provides a peace and predictable means by which those disputes can be resolved.
The rule of law provides guidance and direction in every are of business. For example it provides a means to bring a complaint against another party to a neutral decision maker so that a decision can be made regarding the dispute. Because of rule of law system, businesses and employer and employees to file complaint in the proper court to commence legislation. or the parties in the disputes can try an alternative method of disputes resolution if they don’t wish to engaged in litigation. We know that we are permitted to do these things because rules of law system allows us to do them, we can expect some sort of resolution when we institute such proceeding.
4. What is negligence?
Negligence is a failure to take reasonable care to avoid causing injury or loss to another person.
5. Discuss what an injured party must prove in order to show that an employer was negligent.
Party must prove: that there is a duty in the circumstances to take care (duty of care) meaning the plaintiff must prof that there was an agreement by law that both parties understood in the protection of workers.
that the behavior or inaction of the defendant in the circumstance did not meet the standard of care which a reasonable person would meet in the circumstance (breach of duty). meaning the plaintiff can prof that the defendant did not go according to the rule of law or policies stipulated by the business.
that the plaintiff has suffered injury or loss which a reasonable person in the circumstances could have been expected to foresee (damage) meaning the plaintiff has to prof that he/she did not have prior knowledge of the situation. For example walking along a when suddenly the plaintiff had a fall and broke a limp. The plaintiff will have to provide evidence that there was no caution ‘Sign Slippery when Wet’ when the accident occurred.
that the damage was caused by the breach of duty (causation) meaning the defendant did not show diligence in ensuring proper signage are displayed and the rule of law is followed.
6. Using the Companies Act of Jamaica 2004, highlight the roles of directors.
Director have a fiduciary duty to the company and have a fiduciary obligation to act bona fide in the best interest of the company, directors must not place themselves in positions of conflict of interest.
Director is now required to disclosed in writing to the company or request to have entered in the minutes of the meetings of directors the nature and extent of his interest in any contract/proposed contracted entered into by the company. Disclosure should be made by a director at: a) The meeting at which the proposed contract is first considered.
1.Legislation-Law and laws set by government (Webster) 2013.
Regulations – the rule or principle that are employed to organisation and system.(business dictionary, 2013)
Standard- something considered by authority or by legal general consent on a basis of comparison.( dictionary n.d.)
2.employment law governs the rights and duties between employers and workers. Also referred to as labor law, these rules are primarily designed to keep workers safe and secure when working in any organisation. Giving the appropriate amount of money hat the workers are suppose to get. Also the working hours, the rights they workers have and the roles that they have in having a productive business.(Legal Resources, 2014).
4.Negligence describes a situation in which a person acts in a careless (or “negligent”) manner, which results in someone else getting hurt or property being damaged. Negligence can often be a difficult area of law to define because it involves a legal analysis of the elements of negligence.(Findlaw, n.d.)TASHANA WILSON10/22/2016 03:06:32 PM
Assessment Criteria P3
Evaluate the different approaches to management used by different organisations
Below are questions pertaining to lesson 3. Please ensure to answer each question correctly.
1. Provide brief key term definitions of the following:
a. Legislation
The whole or any part of a country’s written law; in its broadest sense it includes law made under powers conferred by Act of Parliament. (thefreedictionary.com, 2016)
b. Regulations
The act of regulating; a rule or order prescribed for management or government; a regulating principle; a precept. (thelawdictionary.org, 2016)
c. Standards
Written limit, definition or rule that is approved and monitored by an agency as the minimum benchmark acceptable. (thelawdictionary, 2016)
2. Explain in detail how Employment law would impact a business.
Employment laws serve to protect the rights of employees and they cover almost all facets of the employer/employee relationship. It is important that businesses act in accordance with the rules set down in employment laws so as to avoid potential lawsuits. Some areas that employment law covers are: employment contracts and conditions; the treatment of employees; employee pay and working hours; sickness absence and time off work; and business transfers and takeovers. (mylawyer.co.uk, 2016)
3. Identify the ways in which Company law is important in a business.
Through company law the business enterprise is seen as a separate legal entity (Salomon v Salomon & Co Ltd 1879). This means that operators of a business are protected from liability for anything done by the company eg a debt. Legally the company is viewed as a person and as such it can own land, enter into contracts, sue and be sued. The protection provided by company law for the human being behind the business is referred to as a “veil of incorporation” and company law rarely looks behind this veil. (alastairhudson.com, 2016)
4. What is negligence?
A failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances or taking action which such a reasonable person would not. (dictionary.law.com, 2016)
5. Discuss what an injured party must prove in order to show that an employer was negligent.
To prove negligence against an employer the employee must prove that there was a duty, a breach of that duty and that there was an injury was suffered because of that breach. There are four potential ways to prove an employer was negligent. These are:
i. Negligent hiring. It is the duty of employers to ensure that they conduct adequate screenings before employing persons. They should seek to ensure that if employed these persons will not pose a threat to their fellow employees, or any other person, or property.
ii. Negligent retention. If after seeing evidence to prove that an employee is unfit to carry out duties without the risk of injury to himself or those around him; the employer fails to take corrective action (retraining, reassigning or firing) he may be found liable for negligent retention.
iii. Negligent training. If the employer is negligent in providing training to employees, he may be liable to the public for the harmful acts of those employees.
iv. Negligent supervision. This is similar to negligent training and deals with the employer’s failure to reasonably monitor and control the actions of his employees.
(blogs.findlaw.com, 2016)
MORVIA THOMASLINK10/23/2016 11:50:49 AM
1. Legislation: A law or set of laws which is formulated by the judiciary of a country and then made official by the government.
(Neisbeth,2016)
b.Regulation: A law on some point of detail, supported by an enabling statute, and issued not by a legislative body but by an executive branch of government.(Neisbeth,2016)
c.Standard: Written limit, definition or rule that is approved and monitored by an agency as the minimum benchmark acceptable.
(Neisbeth,2016)
2. Explain in detail how Employment law would impact a business.
Though a contract which is an agreement made between parties would define the terms of the employment, certain employment legislation such as the Employment (Termination etc) Act of Jamaica stipulates the amount of notice a person must be given before their employment contract may be terminated.(Neisbeth,2016)
3.Identify the ways in which Company law is important in a business.
Two ways in which company law is important in a business are
a.Environmental Legislation
A collection of many laws and regulations aimed at protecting the environment from harmful actions by the acts or omissions of a legal body.(Neisbeth,2016)
b.Health and Safety Legislation
Legal framework to promote, stimulate and encourage high standards of health and safety in places of work to both employees and members of the public.(Neisbeth,2016)
4.What is negligence?
Negligence is a failure to take reasonable care to avoid causing injury or loss to another person. (Australia, 2016)
5.Discuss what an injured party must prove in order to show that an employer was negligent.
Negligence occurs where a person who has a duty of care to act, fails to discharge this duty and as a result of their failure to act, damage has occurred to the injured party. In order for a cause of action to arise for negligence, the injured party must show that the wrongdoer:
I. Had a duty to act with care
ii.Breached that duty of care
iii. The breach has caused damage to a party
iv. This damage which arose must have been reasonably foreseeable.(Neisbeth,2016)
6.Using the Companies Act of Jamaica 2004, highlight the roles of directors.
Directors’ Duties under the companies act, 2004(hereinafter referred to as the act) fall under two board categories:
> Duties owed in respect of shareholders; and
> General duties to the company.
(Jambar.org, 2016)
ANNALISA WOLFE-FORBES10/23/2016 04:58:50 PM
LEARNING OUTCOME TWO: Illustrate the potential impact of the law on a business.
LESSON OBJECTIVE
Assessment Criteria P3
Evaluate the different approaches to management used by different organizations.
1.Provide a brief key definitions of the following:
a)Legislation is a law that has been made and enacted by a legislature, such as a parliament (lawgovpol.com, 2015).
b)Regulations support legislation. Without a legislation there cannot be a regulation.
c)Standards are written limit or rule approved and monitored for compliance by an authoritative agency (BusinessDictionary.com, 2016).
2.Explain in detail how employment law would impact a business.
According to Tutor2u.net (2016), employment law is aimed at protecting the health, safety and rights of employees. The main employment laws that a business needs to consider are:
Health and Safety at Work Act 1974
Employees must provide safe premises and machinery. They must ensure that workers health is not affected by their work. The key costs and benefits of Health and Safety at Work Act for a business are:
– Adds to costs to business that need to train staff and spend money maintaining the standards set out. However, may reduce cost in the long term because of a reduction in staff absences and not having to pay compensation for injuries. Good health and safety record is a good way of encouraging recruitment of good workers.
Equal Pay Act 1970
Employees who do equal work or work equal value must receive the same pay as workers of the other sex.
Sex Discrimination 1975
Employees cannot be sexually discriminated in employment, training or recruitment.
Race Relations 1976
It is illegal to discriminate against someone on the basis of race, ethnic group or colour.
Employment Protection 1978
Employees must be given a written contract of employment. It protects against fair dismissal (without good cause) and says that redundancy pay must be paid if the worker has served more than two years and their job is to be abolished. Employee law imposes additional costs to the business because they have to spend additional money on training, recruitment and pay. Like the health and safety act there are also benefits if the workers feel they are treated fairly and there is more security, they will be more motivated.
3.Identify the ways in which Company law is important in a business.
Company law is important in a business as it protects the business
4.What is negligence?
Negligence is defined as a legal term classifying a nature of behavioural accountability with regard to any or all injury, damage, or harm sustained by an individual as a result of the actions of another individual (Negligence.laws.com, 2016).
5.Discuss what an injured party must prove in order to show that an employer was negligent.
According Neisbeth (2016), in order to show that an employer was negligent, the injured party must prove the following:
Had a duty to act with care
Breached the duty of care
The breach has caused damage to a party
The damage which arose must have been reasonably foreseeable
6. Using the Company’s Act of Jamaica 2004, highlight the roles of directors.
The roles of directors would be to act honestly and in good faith with a view to the best interest of the company, and exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances (the objective test), including, but not limited to the general knowledge, skill and experience of a director or officer (the subjective test).
RONALYN LINTON10/23/2016 05:16:18 PM
Dictionaries | English, (2016) define legislation as “the process of making or enacting law”. Regulation however is “a set of rules made and maintained by authority”(Dictionaries | English, 2016). “A required level of quality or attainment” is known as standards according to Dictionaries | English, (2016)
Employment laws may seem tedious and very difficult to carry out in a business. A business must improve workers safety, increase workers salary and employers expenses and additionally having employment laws in a business definitely will attract more lawsuits and fine. (business.com.chron,2016). To further explain these effects, the safety of the work environment should benefit everyone and should cover proper ventilations, sufficient exits, adequate time to take a break after a specific number of hours worked as well as protecting young children from certain environments, limiting the amount of hours and where and at what age young children are allowed to work.(business.com.chron,2016). Additionally business.com.chron (2016) stated that overtime law protects workers from working long hours without extra pay as well as prohibiting employers from demanding employees to work overtime. A company attracts more lawsuits and fines depending on how much laws and standards they comply with. Some of these lawsuits may derive from wrongful termination, discriminations and harassments. If a company fails to correctly posts signs notifying workers of their rights, will face fines with a weak defense in case of a lawsuit.(small business.com.chron,2016)
Negligence as stated by lawhandbook.sa.gov.au,(2006) “is when one party fails to take reasonable care to avoid causing injury or loss to another person”
There are 4 steps to prove that an employer was negligent, one of which is the duty of care where there is a duty in the situation to take care of. Secondly is the breach of duty is where the injurer in the situation did not meet the meet the standard of care where a reasonable person. Thirdly to prove that the injured person has suffered injuries which a reasonable person in the situation could have expected to foresee. And lastly one has to prove that the damage was cause by the situation (lawhandbook.sa.gov.au.2016)
Dictionaries | English. (2016). legislation – definition of legislation in English | Oxford Dictionaries. [online] Available at: https://en.oxforddictionaries.com/definition/legislation [Accessed 23 Oct. 2016].
Dictionaries | English. (2016). regulation – definition of regulation in English | Oxford Dictionaries. [online] Available at: https://en.oxforddictionaries.com/definition/regulation[Accessed 23 Oct. 2016].
Dictionaries | English. (2016). standard- definition of standard English | Oxford Dictionaries. [online] Available at: https://en.oxforddictionaries.com/definition/standard[Accessed 23 Oct. 2016].
Smallbusiness.com.chron(2016). The Effects of Labor Laws. [online] Available at: http://smallbusiness.chron.com/effects-labor-laws-63105.html [Accessed 23 Oct. 2016].
lawhandbook.sa.gov.au(2016). What is negligence?. [online] Available at: http://www.lawhandbook.sa.gov.au/ch29s05s01.php [Accessed 23 Oct. 2016].
SHANIQUE SMITH10/23/2016 06:24:10 PM
1. A set of laws which are formed by judiciary which the government then makes official is known as legislation. Regulations are where laws are enforced. Standard is the way how things are done by agreement of an agency (Neisbeth,2016).
2. Employment law impact on a business by allowing them to know what is right from wrong with their employees. A business needs to be aware on laws of termination to protect the business against any form of breach. To protect their employees by paying appropriate salary and benefits.
3. Company laws is important in a business because it protects the business and provides knowledge. Company laws helps with the keeping up of the business by paying taxes, knowing what employees are to receive, proper working conditions and it places the knowledge of what is to happen ones there is a breach on any of the laws.
4. Negligence is when person has a duty to carry out and they end up failing to produce results of those act (Neisbeth, 2016).
5. In order for a party to prove negligence of an employer they must prove that there was duty of care and they fail to act on that duty. Also that the breach caused damage to a party and that the damage was foreseeable (Neisbeth, 2016).
6. Roles of directors is ensure that laws are being followed and delegation of tasks are effective and the business is complying with all the laws and standards.CHEVON MURRAY10/23/2016 07:23:51 PM
1)londoneventstoolkit.co.uk (2016) explain that a legislation is “law which has been produced by a governing body in order to regulate, to authorise, to sanction, to grant, to delear or to restrict.
a regulation is “an official rule or law that says how something should be done.” (merriam-webster.com, 2016).
standard is the point of confinement, or manage, endorsed and observed for consistence by a legitimate organization or proficient or perceived body as a base worthy benchmark (businessdictionary.com, 2016).
2)employment law is intended to secure the privileges of employee and covers all art of business/worker relationship, in light of this it is key for employers to follow the different standards and direction on the off chance that they are to stay away from exorbitant vacation tribunals and claims (mylawyer.co.uk, 2016)
3)
4)negligence is describe by lawyersandsettlements.com (2007) as “a failure to use reasonable care that result in harm to another party.”
5)in order for a injury party to prove that an employeer was negligent they must prove the following:
duty of care which is the offended party must demonstrate that the respondent had an obligation of care towards the offended party. a man has the obligation to abstain from making harm another if a sensible individual in similar circumstance could predict that an activity( or inability to act ) may bring about damage. conditions encompassing the harm assume an essential part in figuring out if or not a litigant had an obligation of care towards the offended party. they must also prove breach of duty, this is where the offended party must demonstrate that the litigants neglected to do their obligation of care. they must also show the cause. in this case the plaintiff must demonstrate that the respondent repture of obligation brought on the damage for which the offended party is sueing. the final step to proving this is to demonstrate on the damages where the offended party must demonstrate the money related estimation of his or her wounds (freeadvice, 2016)
References
Merriam-webster.com. (2016). Definition of REGULATION. [online] Available at: http://www.merriam-webster.com/dictionary/regulation [Accessed 23 Oct. 2016].
Mylawyer.co.uk. (2016). How does Employment Law affect my business? | MyLawyer. [online] Available at: http://www.mylawyer.co.uk/how-does-employment-law-affect-my-business-g-A77211B77227/ [Accessed 24 Oct. 2016].
FreeAdvice. (2016). How to Prove Negligence. [online] Available at: http://injury-law.freeadvice.com/injury-law/injury-law/personal-injury-negligence.htm [Accessed 24 Oct. 2016].
Lawyersandsettlements.com. (2007). Negligence Law. [online] Available at: https://www.lawyersandsettlements.com/lawsuit/negligence.html [Accessed 24 Oct. 2016].
BusinessDictionary.com. (2016). What are standards? definition and meaning. [online] Available at: http://www.businessdictionary.com/definition/standards.html [Accessed 23 Oct. 2016].
Londoneventstoolkit.co.uk. (2016). What is Legislation? | London Events Toolkit. [online] Available at: http://www.londoneventstoolkit.co.uk/legislation/what-is-legislation/ [Accessed 23 Oct. 2016].
TASHAYE BLAKE10/23/2016 07:34:33 PM
Legislation is the second most important source of law , it takes priority over any source of law other than constitution , legislations are passed by the governing body of a country .(Businesslawbasics.com, 2016).
Regulations are details supporting legislation (“What Is A Regulation? Definition And Meaning”)
According to (“Standards And Regulation | BSI Group”) Standards are a supporting body that ensures that standards of the regulations are being met.
According to (Furgison, 2015) It is important for businesses to know and follow laws and regulations that are put in place for the country they’re operating in, laws influence how businesses go about there processes.
Negligence is when someone is responsible for having a safe and secure surrounding for another and has failed in doing so and as a result brings injury to the said party. An injured party must show proof that the said wrongdoer had the responsibility to ensure safety .The injured party should show proof that the wrongdoer was negligent in ensuring safety .The injured party would have to show proof of the injury caused and also that the wrongdoer had knowledge of the consequence that would be of cause of the negligence(“Negligence”).
“Directors should act honestly and in good Faith and best interest of the company .DIrectors should exercise the degree of prudence and skill that a normally prudence person would exercise in comparable circumstances, Directors have a fiduciary duty to the company and a fiduciary obligation to act bona fide in the best interest of the company .Directors must not put them selves in position of conflict of interest. Directors occupy a position of trust and accordingly should not place themselves in position where the interest if the company conflict either with there own interest or those of any other person with whom they are associated with”. (“Home – Jamaica Bar Association”)