Extent and Importance of Job Applications Assignment Help
1. To what extent do you believe that people who lie on job applications should be fired without the usual requirement of reasonable notice? Does the situation change, in your view, if the applicant lied about something like a disability, for which the employer is not supposed to reject an applicant but might?
2. Implied terms in law go beyond what contracting parties might be presumed to have intended, in order to fashion a particular type of contract with the possible outcome of putting the judge in the role of legislator. Are implied terms in law on the whole a good way of keeping up with social mores or do they leave too much discretion to judges and reduce the ability of parties to make contracts that reflect their desires?
3. Defend or object to the proposition that employees and employers ought to be treated the same way when it comes to the requirement of reasonable notice and its assessment.
4. Security of tenure (appointment for life) is a pre-condition of judicial independence. While judges are appointed for life, those who work for administrative tribunals are not. Some have argued that these should enjoy the same level of independence as do judges, while others claim that to do so would lead to stagnation and close the doors to good people. What do you think?
5. Do you agree that it is appropriate to require that "special organizations," such as Christian Horizons, must demonstrate that a particular quality is a BFOR, on an objective basis? Or ought they to be allowed to determine for themselves subjectively what counts as the particular BFOR that meets the criteria for their particular organization?
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The modern courts of Canada consider that it is an employer's duty in order to provide reasonable notice before the termination of his job contract (Fisher & Reeve, 2016). If the employer fails to provide reasonable termination notice then the terminated employee can file a lawsuit against the accused employer. This type of lawsuit is generally known as a wrongful dismissal lawsuit (Doorey, 2019). However, this right of the employee is not enforceable if he/she has provided wrong information in the resume that he/she submitted during the time of the interview. In this respect, it argues that an employment contract comes into force based on the information provided by an applicant in his resume. Any discretion in this respect may directly breach the requirements of the employment contracts. In this context, it can be stated that if an applicant provides wrong or misleading information in his/her attached documents then it leads to a job termination process. Even in this process, an employer can terminate the job contract without providing any reasonable notice to the employee. This is because the employee has breached the underlying terms of the contract (Fitch, 2017).
This situation will not be changed even if an employee has hidden information like disability. This is because an employer might not reject a disabled person if he feels that the applicant will satisfy the required conditions of the job. In this process, any disability might affect the overall job performance of an employee. Due to the ethical breach of the job contract at the initial stage, it revokes the power of the employee and hence the employer will not be liable to provide any reasonable notice to the employee during the termination of the contract of the job.
In the law of contract, it can be stated that if there any condition where the contract is breached by the parties then the has to make a decision. As the legislature has the power to make the decision, therefore, it can be said that the situation needed to be presumed in order to make a value judgment. In the contract, the terms are already implied for both parties however they do not hold the authority to make the decision for the breach in the contract. Hence in this situation, the express contract is more favourable than the implied contract.
The contracts are legally enforced by law where it has resulted in an offer and acceptance. In the express contract, it is to mention that the terms are already declared in before wherein the implied contract the proposals and the acceptance are not expressed verbally. In other words, the offer and the acceptance of the law are made without using the words. Therefore, this type of contract can be breached by the parties as the condition are not enforceable by the law. On the other hand, the expressed contract is made verbally or in a written form which states the terms and conditions of the contract (Cavico & Mujtaba, 2016). In this case, both parties agree on the basis of the contract.
It can be said as per the context that as the implied contract are agreed in this condition, therefore, the parties are not liable to take the decision. The legislature holds the power in and presumes the situation for providing a suitable decision on the basis of the condition.
While assessing the contribution of the employees and employers, it is needed to be treated both on the same page. The employers and employees are equally liable to produce reasonable notice in order to create any discrepancy or inconvenience for each other. The liability is closely involved with the employer liability over the employees which is considered to be a respondent superior. This holds the employers liable for the actions carried out thereby using this rule to apply on actions that would follow the course and scope of employment. For instance, if an employer does not provide any reasonable notice while firing an employee this may affect the livelihood even the social and economic standard of the terminated employee. Even often the employee finds it difficult to get a new job immediately as well. On the other hand, if an employee fails to serve the employer with a reasonable notice highlighting his/her exact time of leaving the company, this, in turn, may affect the overall functioning process of the concerned office or organisation (Mazur, Laufer & Pigeyre, 2018). This scenario may become worse if the leaving employee holds a responsible post or used to perform a crucial job role. In that scenario, it becomes difficult for the firm to hire a qualified person with an immediate basis. Hence, it is desirable for both the parties- employers and employees to provide required reasonable notice highlighting the reason and time of termination of the job contract. This follows a duty of care to the employees thereby ensuing that their health, safety and wellbeing is maintained. This comes with duty of the employers to carry out with a monitoring of health and conditions.
Security of tenure is a precondition of judicial independence. Judiciary independence refers to the concept where the judiciary has to be independent in terms of lawmaking and law enforcing in a particular society. The judges are appointed for life but those people working for administrative tribunals are not given the same power rather independence. Some people have argued that these tribunals should enjoy the same level of independence like the judges while there are some others who deny this fact. According to them if they are given the same amount of freedom and power like judges then it would lead to stagnation and close the doors to good people (Cavico & Mujtaba, 2016). In my opinion, those people who work for administrative tribunals should not be given the security of tenure like the judges. It is because if it is done then it would create stagnation and it would eventually create problems for the good individuals present in society. The concept of judicial independence delves in various branches of government with focus on the influence laid down on the private interests. Most of the times it has been seen that the people working in administrative tribunals can take advantage of their position and often create harassment for other people. Security of tenure is an important part of judicial independence because the government cannot make any influence on the decision of judges. This right is provided to the tenants for guaranteeing a permanent employment. Hence it is applicable only for judges rather than those who work for administrative tribunals. Moreover, in this context it needs to be stated that both the judges of the court and the administrative tribunal require similar treatment and lifelong post.
BFOR or Bona fide Occupational Requirement is a law for the employers which states that employers provide their duty up to the point of undue hardship. As per this guideline that the employers need to provide safe, accommodation and legal complaint of working in order as the Canadian human rights law promote that every employer of the organisations need to be treated equally and need to provide the same facilities as they experience discrimination in the working environment. Therefore, as per this Bona Fide occupational requirement, it states that it is our requirement which is necessary in order to maintain the performance of the job. The BFOR are legally applied to the Canadian country which helps the employers and the employees to get the proper treatment in the organisation to deliver quality jobs which will help to build the performance quality (Bartoletti, Cimoli & Zunino, 2018). The BFOR highlights on the employment laws that help to focus on the attributes of the employers thereby enabling them, to carry pout with decision makings in hiring and retention. This further develops certain employment qualifications that allow the employers to consider their employee's operations while carrying out with the respective decisions.
As for the context, special organisations like Christian Horizon must demonstrate and promote BFOR in the organisation. It is because the organisation belongs to the religion society where it has several chances for the employees to deal with the discrimination which will not only affect the entire performance of the organization. The organization needs to regulate employers' law for maintaining the positive environment of the place. This will also promote the organization to provide employers a safe environment which will motivate them to enhance the growth of the organization.
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