Conflict of laws Essay Example | Topics and Well Written Essays - 2500 words

Conflict of laws - Essay Example It is apparent that in the event the employer is based in Paris, France, and the business conducted from France, the French courts have jurisdiction in this case. Thus it would not be possible to suggest English courts in this case, and this has to be settled, either with French, or EU laws. (Etgen Reitz 2006, p.90). 1. The part that deals with the claim of Jones, the ex- marketing employee of LSEL in UK who is seeking commission and compensation in lieu of notice of termination of his services. The main aspect is whether English or EU laws could be applied in this case. 2. The second part would deal with whether Reilly could have a substantive claim for alleged defective computer console which the company is not willing to settle, claiming that the fault lay with the installer and not the product. Whether English law would be able to be used in this case. constraints. It is indeed to the benefit of employers that French state agencies have the powers to intercede in, and even authorize dismissals should it so warrant. However, it is also seen that it is not difficult for any employee to initiate a lawsuit against his ex employers under labour courts. Labour Relations Courts (Conseils de Prudhommes) are generally made up of lay judges who are elected from the ranks of employer/employee organisations. It is rare that the plaintiff be other than an employee and just as rare that claims be dismissed with no award whatsoever being made against the employer.† In this case, English laws may not apply, since his employment is held by French Company registered and controlled in France. However, it may be necessary to consider the European Laws on employment which could possibly impinge upon this contract. Notice period: By far, the most important aspect of any existing employment is that of either the employer or the employee serving notice before leaving the employment. Under French law, it is one month’s notice

Forklift Accident Article Example | Topics and Well Written Essays - 500 words

Forklift Accident - Article Example An accident occurred at the construction site of a light industrial building. A worker was driving a 3 ton forklift down a circular vehicle ramp from the fourth level towards the third level. There was no load on the forklift. The vehicle suddenly swerved and overturned on the third level and the worker who was driving the forklift was crushed beneath the vehicle and died on the spot. The driver had not undergone the mandatory forklift driver’s training course. Findings revealed that the forklift involved in the accident belonged to the main contractor and was poorly maintained. The driver was an employee of the plastering and bricklaying works contractor. The numbers of trained forklift operators were inadequate with respect to the number of forklifts. Also there was no risk assessment conducted on forklift operations.Another such accident occurred at a warehouse in a distribution park. A worker tallying stock stored on metal racks squeezed himself into the gap between two ra cks. A forklift driver was pushing racks closer together to make space for more racks. He did not see the employee, and the employee was crushed to death between the metal racks. If risk assessment had been carried out, forklifts and other workers would not have been allowed to operate in the area concurrently. It also seemed that there was inadequate safety training awareness among the employees.The key to preventing such accidents is training and enforcement of safety measures at places where forklifts are used.