Labor Law: Powers and Limitations of a Manager Essay

Submitted By Evan-Sunuwar
Words: 770
Pages: 4
Open Document
No.
The acting manager acted beyond the powers that have been conferred on him (ultra vires). The manager was to act only within the power that has been given by the statutes of the organization. He must also recognize the limit imposed on them by the status. This act would also attract legal remedies. American legal remedies have three critical remedies and include;
Money payment to the affected person (damage) if the 6 employees went on strike the company would have lost money and reputation.
Another remedy is equity – the injunction is a type of equity remedy as a specific performance in which someone who enters into contract is forced to execute whatever promises has been reneged upon.

As common law, damages are into actual damages and punitive damages. Actual damages are further divided into special damages which are economic losses such as loss of earning and property damage and non-economic damages like pain and suffering and emotional distress.
Breach of contract (ex contractu)
If the two employees (Sam and Dan) incited 4 other employees and didn’t report to work on the busy day the company would have lost ($ 10,000) resulting into economic losses (special damages) sueable in the court of law. The employer had all the right to take them to court, a court generally awards the sum that would restore the injured party to the economic position they expected from performance of the promise or promises. Expectation measure or benefit-of-the-bargain measure of the damages as a result of loss of money from the function due to non-delivery of flower were also likely to be spoilt being perishable goods making the company to lose $10000.

General damage
The employer would have suffered hedonic damages, compensate the claim for the non-monetary aspects of the specific harm suffered. James would have suffered emotional pain as a result of economic and loss of company reputation.

Compensatory damages
Compensatory damages are paid to compensate claimant for loss and in this scenario, it is the employer, James who would have sued the six employees together with the manager for having contributed to the loss of $10000 (ten thousand dollars). Furthermore, the name of the company would have been tarnished due to the workers negligence of duties whereby the four orders of weddings would not be delivered due to their responsibilities then held responsible in the court of law.

Issues law
If one is an employee of an organization. It’s good for them to understand and know their rights. An employee should comply with various legal requirement related to their working conditions and other minimum conditions of employment. Employee may be forced to comply if they don’t meet these obligations.

Case law
This is law established by the outcome of a former case. It can also be defined as jurisprudence, which is based on judicial precedent, e.g. for our case judgment can be based on previous judgment on other cases. There are many famous
Show More

Related Documents: Labor Law: Powers and Limitations of a Manager Essay

BUSINESS MANAGEMENT FINAL STUDY GUIDE Essay

possible bases of leadership power? Which is best to use? Which would you prefer to be strongest at and why? Leadership Power- power that a leader has simply by his/her position in the hierarchy of the organization. Reward Power- the ability of a manger to withhold tangible and intangible rewards. Coercive Power- The ability of a manger to punish others. Expert Power- power based on the special skills and expertise of a leader. Referent Power- informal type of power derived from subordinate respect…

Words 2949 - Pages 12

Essay about College Athletics and Key Concepts

Sport Management Chapter 5 Test Bank Essay How does a sport manager balance opportunity with winning Multiple Choice 1. Before a sport manager is liable for negligence, the plaintiff must show that the sport manager owed the plaintiff a duty of care. A legal duty of care arises from which of the following origins? A. A relationship inherent in a particular situation B. A voluntary assumption of the duty of care C. A duty mandated by a law --D. All of these are correct. 2. To successfully show a defendant…

Words 4068 - Pages 17

MGT 301 EXAM 1 NOTES Essay

1: THE EXCEPTIONAL MANAGER Management: (1) the pursuit of organizational goals efficiently and effectively by (2) integrating the work of people through (3) planning, organizing, leading, and controlling the organizations resources. Efficiency: the means of attaining the organization’s goals Effectiveness: organization’s ends, goals The Multiplier Effect ~influence the organization is multiplied far beyond the results that can be achieved by just one person alone good managers create value The Financial…

Words 5193 - Pages 21

4. What Are The Elements That Make A Contract Enforceable?

resolution should the parties employ? Choose 1 answer A. Arbitration B. Mediation C. Litigation D. Consultation 19. To which situation would the National Labor Relations Act of 1935 apply? Choose 1 answer A. Establishment of a human resources department B. Identification of the company's labor mediation committee members C. Refusal to bargain collectively with a union D. Closure of a business and laying off employees 20. What is the principal provision…

Words 4303 - Pages 18

Why Do Gender Stereotypes Unify Gender Or Economic Hierarchies?

politics such as Mansprawling. She writes “The behaviors of space, touch, and eye contact that are required of subordinates are then understood as the “natural” behaviors of femininity…Henley shows that it is not only men who act out the behaviors of power but human beings involved in other forms of hierarchy besides gender, such as employers and employees. The powerful take up more space.” (Jeffreys 25) The reader may be at a loss as to why Jeffreys separates gender and economic hierarchies rather than…

Words 1533 - Pages 7

Essay on Performance Appraisal in HAL

ON PERFORMANCE APPRAISAL Prepared and Presented to: Under The Guidance Of : Company’s Guide:- Faculty Guide:- Mr. C.S Bhama Mr.Bhupendra Tripathi (Training Manager) (Submitted in the partial fulfillment for the award of the degree of Master Of Business Administration from G.B Technical University, Session-2009-2011) Submitted By :- SHALINI SHARMA Roll No. 0914170052 (MBA III Sem.) [pic] Sagar Institute Of Technology & Management…

Words 10046 - Pages 41

Sharon Wang Final Essay

trade. Besides, when government costs a lot of human resources and material resources of prohibition, it also faces the serious financial tension that followed. Therefore, the government of those developed countries without religion or location limitation, which equips with higher receptivity, adaptability and stability, should try to legalize sex work to create a legal system to improve the rights of sex workers, to decrease related crimes as well as to ease international financial issues. Background…

Words 3184 - Pages 13

Essay about MAN6636 Exam Study Guide

differ in their average probability? (answers based on industries and the firms within them) 1) intra-industry rivalry: among firms already in the industry 2) threat of entry: by firms new to the industry (or even another industry) 3) supplier power 4) buyer power: often individual consumers but could be firms 5) threat of substitutes: products from outside the industry Summary Even agriculture-based economies can change dramatically…

Words 4795 - Pages 20

sales managment Essay

Closing the Sale 8. Implementation/Follow-Up IV. Sales Leaders A. The Sales Executive 1. Responsibilities a. Planning b. Organizing c. Implementing d. Monitoring B. The Field Sales Manager 1. Responsibilities a. Implementing plans, policies, and procedures set forth by the sales executive. b. Training salespeople. c. Planning, organizing, implementing and monitoring, for his/her particular sales team…

Words 3503 - Pages 15

The Challenges Of Modernity

when government was miniscule The Shifting Sands of Gilded Age America - Americans’ life was being transformed o Shifts from agriculture to industry, from artisan and household production to a reliance on mass produced goods, from water and animal power to fossil fuels, from country living to city living, from economic independence to wage dependence o New technology—telegraphs and railroads—links the nation and allows for the creation of a national market o Introduction of mass culture o Everything…

Words 1623 - Pages 7