Employment Law Case Study Example | Topics and Well Written Essays - 2750 words

Employment Law - Case Study Example I'm only doing my job." He then picked up heavy glass paperweight from the desk and threw it at Mrs Simpson, hitting her in the face which resulted in serious injury. Tom tried to justify his behavior by claiming that his line manager, Sarah Harper, has been constantly criticizing his performance, customer care approach and time keeping. Later, at an official party, where he was rebuked and laughed at for his conduct with the customer, he picked up fight and injured one of his co-employee. In the facts and circumstances given above, two incidents of causing injury are directly attributable to the employee. Thus, the issue presented for consideration is as to who would be held liable for compensation to the victims for the tortuous and wrongful act of Tom Barnes. Apart from the criminal liability of Tom Barns for which a separate action would lie either by the employer or by the customer, in all probabilities, the relief of monetary compensation or punitive damages can be sought by the customer by primarily suing the employer as defendant as the employer is liable under tort for the acts committed by his employee. The liability of the employer for the tort or wrongful commission of an act by an employee emanates from the well known maxim "Respondent Superior", which means, Superior is responsible or let the principal be liable. This liability derives its validity from the fact that he who does an act through another is deemed in law to do it himself. This is also known as vicarious liability of the employer. Vicarious Liability As stated above, Vicarious liability is an old principle of employment law whereby the employer is held to be responsible for the acts of its employees when they are acting within the course and scope of their employment. The vicarious liability of the employer can be traced to the definition of employer-employee relationship propounded by the U.S.Supreme Court in the case of United States v. Silk (1) 91 L.Ed. 1757: 331 U.S. 304 (319), per Reed, J. wherein it was agreed that the test was whether the men were employees " as a matter of economic reality". The important factors were said to be "the degrees of control, opportunity of profit or loss, investment in facilities, permanency of relations and skill required in the claimed independent operation." The indicia of employer-employee relationship is further elaborated in the "Re-statement of the Law" (2) as follows: (a) The extent of control which, by agreement, the master may exercise over the details of the work; (b) Whether or not the one employed is engaged in a distinct occupation or business; (c) The kind of occupation with reference to whether, in the locality the work is usually done under the directions of the employer or by a specialist without supervision. (d) The skill required in the particular occupation; (e) Whether the employer or the workman supplies the instrumentalities, tools and the place of work for the person doing the work; (f) The length of time for which the person is employed; (g) The method of payment, whether by the time or by the job; (h) Whether or not the work is a part of regular business of the employer; and (i) Whether or not the parties believe they are creating the relationship of master and servant. It would follow from the above that since the employee is in total control and supervision

Field Notes and Reports Essay Example | Topics and Well Written Essays - 500 words

Field Notes and Reports - Essay Example Criminal investigation is the way of finding out, assembling, organizing, classifying and presenting evidence to establish what occurred and the person involved with the crime. Criminal investigation is a useful process, and it uses subtractive explanation, a reasonable procedure in which the ending follows from certain details. An investigator proves that the suspect is guilty of a crime through a certain aspect of the evidence (Lyman, 2013). There exist three main scientific methods in which a criminal can be identified, they include; Dactylography: is the study of fingerprints as a way of identifying an individual. Dactylography is regarded as a dependable way of recognizing an individual because the fingers’ and hands’ papillar lines are unique (Lyman, 2013). DNA: Forensic scientists can utilize DNA contained in the semen, blood, skin, saliva or hair found at the scene of a crime to recognize an identical DNA of a suspect. The FBI was the initial public sector crime laboratory in the United States to allow cases for DNA scrutiny. Uniformed and plainclothes officers play different roles in the criminal investigation as people rely on them to safeguard their lives and property. Various police officers focus in various fields such as chemical and microscopic scrutiny, guiding and firearms lessons, or handwriting and fingerprint recognition. Some work in various departments such as Special units and special weapons and tactics also known as SWAT (Lyman, 2013). It reviews and estimates the related features of an offense committed by diverse criminals. The inductive reasoning is founded on the hypothetical and investigational study of the criminal behavior. Inductive reasoning does not require expert forensic acquaintance, education or guidance in the criminal behavior study (Becker, & Dutelle, 2013). Deductive reasoning requires acquaintance and application of psychology, sociology, criminology and psychiatry. In deductive reasoning an