Questions

Question - For the past 3 weeks Jake has gone into work only to find his working environment displaying elements of unsafe working conditions. His computer has a flashing screen, which although intermittent is preventing Jake from focusing, and he has started to get headaches as a result of using it. He is also surrounded by exposed electrical wires and there is a leak (water is dripping) in the ceiling above his work station. Jake would like to become involved in the Health and Safety of himself and his fellow workers; he is keen to know what his rights are, and the appropriate legislation that governs these rights. Can you give Jake the information that he desperately needs, to address the issues at work, and also assist him in his understanding of the law?

Question - Amy Johnson is a Social Worker and regularly undertakes work for Health Outbound Services, where she visits hher clients in the community at their homes. She is allowed to use her own vehicle, decides her own schedule (hours and times), and, any materials that she requires she buys, but recovers this from the company by putting in an expense account monthly. Included in his expense account is mileage for using his car, as well as gas and repairs, where required. Amy is always paid in gross with no deductions made, she is not in receipt of holiday and is not enrolled in the company's benefit plan. Amanda Marshall and Fred Jones are both nurses who work for the same organization. Although they have their own client list, their schedules are set by the organization, but they use their own transport and can make claims at the end of the month for expenses incurred. They will always attend meetings and will be involved in the company's development plan. What type of contract of employment do you think, Amy, Amand and Fred have? You must give full explanations and apply the principles to the facts in the scenario.

Question - Ernest Gulliver, Francis Nebber, Gita Napur and Kevin Franklin have just formed their dream company. Pickin Ltd is their company name and they are now seeking advice on the purchase of business property. They would like your help with regards to the way their legal and equitable interest in that property should be held. Each individual has a spouse/partner and do plan to have children in the future. Please advise them on how they should hold both the legal and equitable interest in the property, explaining what would be in all of their interests given their current circumstances. Please note, actual explanations and application of the legal principles are required.

Question - Mandeep, Beverly, Christopher and Dominic have been selling jewellery (both costume and metal) for the last 12 months, which are designed and made by Christopher (who acquired Art Design degree from Trend College). They agree on all the final outputs, sale prices before they are put into production. There is a joint bank account in which profits are paid into on a weekly basis; they all have access to this. They share profits at the end of each quarter (every 3 months) this is taken in equal shares by all parties, although Mandeep (he inherited $250,000 recently) provided 50% of the capital contribution, Beverly ( a marketing expert) did not provide any of the capital contribution for the start-up of the business, with Christopher and Dominic ( bit of an Accounting wizard) putting in 25% each. They have discussed in the last couple of months bringing in a new partner because business is really booming. Also, all partners have families and wonder whether profit sharing at the end of each quarter is satisfactory, Christopher is also still paying off his student loan. Consider the following Identify and explain which type of business organization, if any, are they running? Should the parties have a written agreement, if so, why is this necessary under the circumstances?