preview

Essay on comm 320

Decent Essays

Cases Comm 315
Case1 : King v.BioChem Therapeutic Inc. Fact: Dr King is hired by Bio Chem. She signed a special contract that specifies a period of probation. During this period, she can be let go but you have to be known the wrong behavior in order to be able to rectify it. If the wrong behavior persists then your contract will be terminated.
Issue: Is the termination of the contract of Dr King for fault justified?
Ratio
Employer version of facts:
1st meeting: after 5 months and a half, during this meeting, the management team are saying that they told her that she was being unsubordinated
2nd meeting: after 10 months, the management team told her that her behavior was still being not acceptable and that constitutes a second …show more content…

Hasanie is arguing that Dynergie is not a competitor of Kaufel.
He is also arguing that he asked his direct superior if he could take this opportunity, and he agreed. However, the direct supervisor is denying. There is not writing evidence of this authorization.
The last argument of Hasanie is that he was a victim of constructive dismissal. Basically a constructive dismissal happens when an employer changes your working environment, inviting you to leave. However, Kaufel argues that they offered opportunities for growth within the group and that Hasanie was only waiting for his package. Finally they are arguing that they needed more time to reorganize the group and assign responsibilities.
The judges conclude that Hasanie did not establish his case of having been dismissed without cause, or having been constructively dismissed.
Case 4: CopyFax v. Lambert
The different injunctions

Institution of Proceeding Final Judgement
Provisional Injunction Interlocutory Injunction Permanent Injunction
The provisional injunction is given based on emergency criterias. It is used to maintain the status quo. The provisional injunction is valid for 10 days. Within these 10 days, the individual has to

Get Access