History of labour law Labour law arose in parallel with the Industrial Revolution as the relationship between worker and employer changed from small-scale production studios to large-scale factories. Workers sought better conditions and the right to join or avoid joining a labour unionwhile employers sought a more predictable, flexible and less costly workforce. The state of labour law at any one time is therefore both the product of, and a component of struggles between various social forces.
Margaret owned an antique store that specialised in rare porcelain dolls. When she opened the business init was at a shop in an eastern suburb of Melbourne. In she started to advertise on the Internet and by the business had grown to the point where she needed help to keep the business going.
After a family discussion one night at the kitchen table in Julyit was agreed that Margaret would probably keep the business going for another couple of years and then retire. Emily, her youngest daughter and aged 16, would work in the shop as long as was needed and in return, she would receive any unsold dolls.
When Margaret retired at the end ofshe decided that she would give the unsold stock to charity and they could auction it and keep the proceeds. They live on a one-hectare property, and the mowing alone takes half a day a week.
He says that Richard should be doing the work for nothing, as it is the responsibility of the whole family to look after the property; besides, he says, Richard is getting free board and lodging.
Realising that this was an exceptionally good deal, but not surprised because she knew that they had only just opened and were running a number of good opening specials, she rang and made a booking.
Would she have to pay the full price? However, after Bruce sobered up he confirmed the contract with the auctioneer. He then subsequently refused to complete the contract. Facts of the case: Margaret owned antique stores of porcelain dolls from As the business started growing she wanted to take in assistance from her family for which she had her daughter Emily join the business, who would be receiving the unused dolls in return for her work at the place.
Latter when Margaret decided to retire she decided to give unsold stock to charity. This decision was taken with Emily still working for her.
We need to advice Emily as to what should be her further step. As per business law it can be understood that Margaret being the sole owner of the shop has the right to give in her shop for charity at her will and wish. But the question in contradiction is her promise to Emily for helping her.
Before advising Emily her further steps we check through the relationship of Margaret and Emily in the business and it can be understood that the business if of employment because Emily was promised to receive the unsold dolls in return for her work in the Shop. The law states that the person in status of an employee can take refuge in law if the employer breaches the terms of the contract of their employment.
It can be understood here that Margaret in order to reduce her hectic work had taken help of her daughter and promised to give unsold dolls in return i. Thus, Emily can be advised to approach this issue with reference to Law of breach of contract or agreement whether it is oral or written.
Application of the Law: Emily as per the acceptance based on which she had joined the shop to help her mother can file a suite under the law of contract and the laws relating to the breach of promise her mother made with her.
In the given scenario Margaret had promised to give Emily the unsold dolls but latter she decides to give it for charity thus; she had breached the contract which she had made with Emily. We advise Emily to file a suit against her mother for default in giving her the unsold dolls and planning to give them for charity or make an out of court settlement by dividing the sale proceeds between the charity and her compensation Benson Benjamin, It can be concluded that charity is a good deed but it would be a pitfall if it enters family business Small Business Reports and in the current scenario it had affected Margaret as she decided to give the unsold dolls on Charity which she had promised to give her daughter for the work she had done in her shop.
In a way Margaret is depriving Emily from her right of compensation for the work she had done in her shop. Being a family member Richard was bound to do the same.
As per the given facts of the case it can be understood that there was only an oral promise between the father and son relating to the mowing of the yard and also the payment.
Richard in the current scenario can claim his remuneration from his father because an agreement or an arrangement is legal even if it is verbally made. As per the facts it can be understood that the father had agreed to make payment and had made it for 4 weeks thus he cannot deny the payment by just saying that Richard is a family member and that he has to take care of the house property.
Under sec of the law of contract it can be noted that a contract between the father and son cannot be simply modified if the father is in the capacity of fulfilling the contract.
As stated Sec of the law of contract is applicable in the current scenario where the father has to abide by the contract he had made with his son, he cannot just deny payment because he had accepted the work of the son for 4 weeks and even made payment for the same which shows that there was mutual assent between both father and son in the current scenario.
We advise Richard to demand his pay from his father or file a suit against him even if the arrangement made between them was oral. Also it can advised that the arrangement between the father and son became a valid contract when the work of the son was accepted by the father and in turn father had given weekly allowance for 4 weeks.
Thus, as per the law of contract under the business law of Australia the son in the current scenario has the right to claim his compensation as the father has the capacity to pay the money demanded for.
Feeling it to be a best deal she rang the place and made a booking. From the facts of the case it can be concluded that it is an issue under the law of miscommunication, the fault lies both with the manager of the salon and also Jenny because neither of them discussed the cost of the massages and manicures when the booking took place.
This case falls under the brackets of Mistake of facts, because Jenny had mistaken the value as per the circular and approached the saloon for booking. This mistake can be termed to be the mistake of reliance that is mistake of facts or the mistake of the anticipated facts. As stated earlier sec 11 and 12 of the law of contract is applicable in this scenario.Labour law (also known as labor law or employment law) mediates the relationship between workers, employing entities, trade unions and the government.
Collective labour law relates to the tripartite relationship between employee, employer and union. Individual labour law concerns employees' rights at work and through the contract for work. . As a member, you'll also get unlimited access to over 75, lessons in math, English, science, history, and more.
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The English constitution and the English common law grew up together, very gradually, more as the result of the accretion of custom than through deliberate, rational legislation by some “sovereign” lawgiver.
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A contract is an agreement between two or more parties to perform a service, provide a product or commit to an act and is enforceable by law. There are several types of contracts, and each have.