BU231 Lecture Notes - Lecture 17: Vicarious Liability, Embezzlement, Condonation
Document Summary
Employment law: employment law, contact between parties = employment agreement, can be for continuous service, can be fixed for term, governed by, statute, common law. Labor union: a contractual relationship whereby one party, the employer, is authorized to direct and control the work of another party, the employee. Intention at time of k formation: frequency of pay, level of position. Lawful request: need for implied or express term of competence, express: stating in a resume that one possesses certain required skills. Implied: applying for a job that requires certain specific skills: doctrine of condonation applies condoning incompetence makes a claim for dismissal for incompetence difficult. 6 months (cid:4666)(cid:1872)(cid:1857) (cid:1867)(cid:1858) +(cid:1857)(cid:1866)(cid:1857)(cid:1858)(cid:1872)(cid:1871)(cid:4667) (cid:1867)(cid:1872)(cid:1857)=1570: mitigation, contract law requirement to act reasonably to reduce losses, must try to obtain reasonably comparable employment, court will reduce damages award if there is a failure to mitigate. If a plaintiff (employee) successfully mitigates, they receive the difference between.
