Walmarts policies and values - Free Essay Example

Sample details Pages: 2 Words: 645 Downloads: 4 Date added: 2019/08/08 Category Business Essay Level High school Tags: Walmart Essay Did you like this example? Walmart is the worlds largest retailer. Like many other companies, Walmart may have started out with good intentions but failed to deliver due to numerous ethical violations. Walmarts founder, Sam Walton, has long stood by his dream of providing low cost prices for consumers. Don’t waste time! Our writers will create an original "Walmarts policies and values" essay for you Create order Numerous lawsuits in which Walmart is accused of poor employment practices and wage law violations where in some instances employees were forced to work without pay, required to work overtime and during scheduled breaks, and failed to properly compensate employees for hours worked, exploitation of workers, including child-labor laws, sexual discrimination in regards to its promotion policies and pay rates, and inadequate health care options. Walmarts objective was to keep labor costs down and management was key in overseeing that those objectives were met. Some were compensated for their loyalty to the corporate objectives, others fell victims for fear of being fired or demoted. Walmarts unethical behaviors seem to repeat a common theme amongst a large number of corporations both in the private and public sector. Unfortunately, the ethical issues Walmart faces are all too common. There were some former Walmart employees told their stories about how Walmart underpaid them. As an example, Joyce Moody, who used to be a Walmart manager, said that the company threatened to write up managers if they didnt bring the payroll low enough (qtd. Dicker 81). They forced the employees to work off the clock or deducted employees hours in the time sheet. Walmart has been accused of sexual discrimination in regard to its promotion policies and pay rates between its male and female employees. On June 22, 2004, Walmart became part of the largest class-action sexual discrimination lawsuit claiming that female employees received 6.2 percent less on average than male employees for similar jobs and that even though a large percentage of women held the majority of positions, only 33 percent held management positions at Walmart (Stanwick Stanwick, 2009). In the article Wal-Mart Female Employees Try Again for Sex-Bias Class Action, Jordyn Holman presents the lawsuit between Walmart Stores Inc. with a group of women who believe that they were unequally treated and faced gender discrimination during their employment with this company. She highlights that the defendants claim that they were not treated equally compare to other male workers, in which they were paid less and denied opportunities, in the complaint filed in Floridas federal court. She notes that this lawsuit is a part of Dukes and Walmart Stores Inc. case in 2001, which is acknowledged that the company had a kind of sex-bias over women in promotion, pay, training and job assignment. This case was representing for 1.6 million Walmart female workers. Besides that, she also lists that these cases are just a part of other 2,000 claims that were filed with the U.S. Equal Employment Opportunity Commission for sex-bias in pay and promotions at Walmart. Continually criticized for its healthcare polices, Walmart has taken some initiative in finding common ground in regard to this ethical dilemma. Walmarts healthcare plan was 40 percent lower than the average for all other United States companies and 30 percent lower than the average for the retail industry (Stanwick Stanwick, 2009). Walmart could change its position by re-examining other companies healthcare plans and at least meeting some of the industry standards met. The fact that the case study claimed that 5 percent of employees were on Medicaid, 46 percent of employees children did not have health care coverage and chose to enlist in their spouses healthcare plans shows that how little Walmart was offering for healthcare was less than desirable (Stanwick Stanwick, 2009). Walmart has gotten a bad reputation for its unfair employee policies and discriminatory practices, which demonstrates that the company is focused more on profits rather than social benefits. The company should manage to improve its policies and values and focus more on its contribution to the society. Therefore, Walmart does not exemplify the way business should be conducted.

How Children And Animals Are Very Similar Essay - 2439 Words

In many ways children and animals are very similar; but they have different needs. Children for instance, always need supervision because at a very young age they cannot fend for themselves. Animals, on the other hand need a different type of care, and it isn t as intense as a younger child. Along with the different care, they also need different types of attention. When volunteering we noticed the differences and similarities between young children and animals, and why it is important to help where the help is needed. We compared the fact that both the children and animals need people with free time to give their help, we compared how any type of help can make a difference, we contrasted the fact that they have different needs, and need help with completely different things, and how different people enjoy helping out differently. This project also helped us realize that a lot of us are not using our time wisely at times, and that we should schedule more volunteering sessions. Santiago On Monday, November 7th I volunteered at Lakeshore Park with The Dalton Correcaminos. It’s a soccer school that helps the underprivileged kids of Dalton, Georgia. They help the kids with anything they need and it’s all voluntary work; no one gets paid to help the kids have a better day to day life. This experience for me was great because I never had this growing up in New York City, with help like this maybe I could have made better decisions throughout the years. Animals on the otherShow MoreRelatedAnimal Rights And Human Rights923 Words   |  4 Pages Animal Rights â€Å"Nearly as many, 68 percent, were concerned or very concerned about the well-being of animals used in ‘sports’ or contests as well as animals in laboratories (67 percent) (Kretzer, 1).† Many people question whether an animal is capable of thought and emotions. Others feel as though animals are the equivalent of humans and should be treated as such. 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In Part IV of Jonathan Swift’s satirical novel, Gulliver’s Travels, Swift reverses the roles of humans (represented byRead MoreThe Impact on People of Animal Abuse1289 Words   |  6 Pagesschool children, fatally wounding two and injuring nine others, neighbors later informed police that Spencer had repeatedly abused dogs and cats often setting their tails on fire† (Finch 1). The situation of Spencer of abuse at a young age and carried on through her adult life. â€Å"Domestic abuse is directed toward the powerless, animal abuse and child abuse often go hand in hand. Parents who neglect an animal’s need for proper care or abuse animals may also abuse or neglect their own children. SomeRead MoreThe Harmful Myth Of Asian Superiority1468 Words   |  6 Pages Ronald Takaki point out how there is a big misconception with Asian Americans in toda y’s society in his article â€Å"The Harmful Myth of Asian Superiority.† Stating, â€Å"Asian Americans have increasingly come to be viewed as a ‘model minority.’†(Takaki, 117) Although that is not the case at all, most Asian Americans have to work hard to get to where they are. Moving up is not easy and not something they do to be looked at as role models or as pricks that take everyone’s jobs. They work hard and get moreRead MoreAre You My Mother?993 Words   |  4 Pagessearching for his mother who has left him unattended during the time he got out of the shell. From the very first moment, the hatchling wondered where his mother was and eventually he sets out on journey to find his mother. At first the hatchling meets a cat and ask, â€Å"Are you my mother?† (Eastman, 22). Every time it meets other animals, it ask the same question and was given the same answer. However at the very end, the hatchling sees a crane and this crane mir aculously led him back to the nest that he wasRead MoreThe Learning ( Or Behaviourist ) Approach1365 Words   |  6 PagesThe learning (or behaviourist) approach, at its core, is about how experience affects our behaviour and how we learn behaviours. This approach postulates that all humans are born as ‘blank slates’ and we become shaped by the environment that the person lives in. Behaviourism is concerned with the observable characteristics of humankind; their behaviour. This approach dismisses any internal workings because these workings are too subjective and difficult to observe; whereas observable behaviour canRead MoreThe Birth Of A Healthy Child964 Words   |  4 Pageschildren and from the faulty mitochondria from being passed on through the maternal line. Women who carry the mutated mitochondria may lose many children through miscarriages or an early death because of improper workings of organs such as the brain, heart and muscles due to the genetic defect i n mitochondria that should provide energy to the cells of the body, but does not (Sample, 2012). Some of the major supporters of this treatment come from the emotionally standpoint of couples who have struggled

Management of Engineering and Technology

Question: Discuss about the Management of Engineering and Technology. Answer: Introduction: There are several world class entrepreneurs with diverse interests and backgrounds with different contributions to the world. Whatever may be their operational domain and the location, generally most of the highly successful entrepreneurs do have some common Personality characteristics like undeterred zeal and passion to achieve the best in life. They generally have a dream and committed to the action plan. They generally obliged to their chosen action plan irrespective of practical challenges they face in business. Also another unique characteristic of highly successful entrepreneurs is that they never hesitate to take a risk and to abide for the challenges they face in life. The business empires and the recognition achieved by them are truly phenomenal and it continues to provide inspiration to the people from all walks of life. The current report is a prolific study on the character traits and achievements of Ajim Premji, the Current CEO of Wipro, who is 41st richest person in the world with assets ranging to about $41 billion dollars. He is an electrical engineer qualified from Stanford University. As an engineering graduate he had proven talent and analytical skills, he could not able to continue his education as his father passed away and the subsequent responsibilities he got to take up the business(Mainkutty,2004). Background: When his father passed away, Wipro discontinued his studies and taken over his family reigns of Western Vegetable Indian Products (WIPRO). His phenomenal growth started with the transformation of his soap and oil manufacturing company to the global scale. He is by nature very clever and is highly known for his quick and intelligent business tactics as an entrepreneur. Wipro fluid power is another successful venture of the Ajim in the domain of truck fluidics and hydraulics. However, with the introduction of IBM into the Indian market, Ajim took control of the computer industry growth for Wipro. Wipro rose as a prominent computer manufacturer as well it also became well known medical computers manufacturers of the country. He got honorary degrees from several universities as well received Padma vibhushan award from the Indian government. Also, Wipro Premji is well reputed and honored philanthropist (Ramamurthi, 2001). About Ajim Premji: Ajim Premji is the key person and has played an instrumental role in turning up the $2 million hydrogenated fat company of 1960's to the current company with a profile of $8 billion IT, BPO and RD Service organization (Rao, 2007). Like several other world popular entrepreneurs, Premji's focus is always on innovation and the customer-centric services. For him the customer is always at the core of every activity. Premji always keeps deep expertise in technology with an equally clear understanding of the customer industries. Business value is a paramount characteristic of the company and he always delivers the right service to the customers. The service quality and the prediction are the two business tools extensively used by Premji in all his business operations. He never hesitated to employ business analytic tools like Six sigma, PCMM and lean in his business practices. He always stood first to appreciate and adapt the business innovation and the latest business practices in his group companies. He always believes in speed, simplicity and excellence (Koti, 2013). They are the key aspects of his success. His humbleness and down to earth attitude along with the strong belief that social responsibility is an essential duty of organizations made him highly respected successful entrepreneur of the world. He received several awards and recognitions for his outstanding business achievements coupled with rare social responsibility attitude. There were awards and rewards both from national and international organizations (Lahagu, 2001). Entrepreneurial characteristics of Azim Premji: Premji often says that when it is required to know our weaknesses, it is equally significant to know our strengths. The inherent message is that one need to go ahead with all the necessary confidence and courage to take up the risk and should never get distracted with fear of failure or due to risk aversion. Premji mixes spiritual perspectives in the business operations. His philosophy lies in cherishing the good in ones self, he believes that when good in self is cherished, it will result in enormous strength and will mitigate weakness from ones mind. When he took over the control of the hydrogenated fat and Oils Company, ownership from this father, the profile of the company is very small and he never hesitated to take bold steps and innovative initiatives and challenges to keep up the company progression. The current achievement of the company for so many billions of dollars revenue international company has happened only due to the sheer strength of the companys commitment and ri sk-taking nature. Another important characteristic of Premji is down to earth attitude; he believed that if the success climbs up to the head, it will pave the way to the failure. He strongly believed that undeterred commitment towards the target, while remaining down to earth in attitude will make one excel in life. Far sight is always very important in dynamic and highly competitive contemporary business world. Being far-sighted is like being fore-warned. Being fore-warned is like being fore-armed, hence continuous business monitoring with efficient business analytics is core needs of business success. Premji's entrepreneurial spirits always enabled him to have fore sight in developing existing business as well in undertaking new business initiatives. When Premji ventured into the computer profession no one believed that it will be going to be a phenomenal success. Competitors realized the great move of Premji only after he has taken up a great initiative with business acumen ship to venture into the computer domain. Sticking to the faith and belief in core values makes him different. He always believed that the trust in core values and adherence to the same will manifest in core strength to the organization. He also believed that attempts are what are needed and they will bring success along with. Also whatever may be the consequences and the challenges we face, have faith in what you believe and stick to them, this is an essential trait that makes entrepreneurs get result in whatever they venture in (Gupta, 2008). Premji Leadership style and core values of business: Premji leadership style is characterized by strategic vision and crisp communication style. Whatever venture and endeavor that Premji undertakes, it will be characterized by very strategic focus and excellent skills of planning and management (Kumar, 2012). Also, Premji is quite successful in making communication and motivating his employees (Capelli, 2010). He is always successful in communicating what exactly he wants to communicate to his employees. Also, he is quite successful in motivating his staff and admirers alike by remaining himself as an inspirational business leader of the organization. He always followed the principles which he used to say (Khan, 2011). Premji believes in hard-work and he let his accomplices also work hard. He always encourages and motivates the people who do work hard. He strongly believed that success comes with 10% inspiration and 90% perspiration. Premji is quite successful in lifting up his business empire several folds only with non-stop hard-work. He followed an undeterred commitment to hard-work from his early days and even now he continues to be one of the most hardworking person. Aiming high is his attitude, he never compromised with what he has and he always works for achieving higher and higher in business. Absolutely there is nothing that comes across to shatter his will and determination, when attempting to achieve the highest in life. Premji is always optimistic and always believes his conscious and his own analysis than anything else. He went forward to invest in computer industries when many other are skeptical to enter into the business. He ventured first into the hardware business of the computer industry and later overtaken software part as well. He played a key role in taking up several innovative and challenging projects in difficult situations. Ultimately it is proved to the world that he is once again correct in thinking process. Independence in thinking and innovation formed key traits of the Premji in all his business activities. He never bent for the established believes; neither carried away by others opinions. He retained always his gut feelings and is highly instrumental in adhering to his own beliefs and opinions in business strategies. Perseverance and excellent organizational capabilities are his positive character features. In his own words, he used to say Dare to dream big and never stop till the goal is reached. Premji particularly encouraged commitment to the social vision and emphasis on physical fitness to combat stress in a profession. Premji advised all entrepreneurs to focus on much broader social vision and commitment to the physical fitness. He belie ved that these properties are supportive for success in a contemporary business world (Bagchi, 2005). Aim Premji is known for humbleness, he still monitors the staff in Bangalore and he used to say that if your salary is used to waste the electricity bill and toilet paper, say a big no and start conserving it. Inspite of being the top ranked richest person of the world and of the country, he still saw preferring auto rickshaws several times from the airport, an indication of his humbleness and down to earth attitude in life (Bhatnagar, 2013). Perception of failure: Premji used to believe and often says that failure is stepping stone for success. He also said several times that failure is an essential part of success. He said failure is an inevitable and unavoidable part of business innovation (Premji, 2006). The detriment of success in any organization is leadership in general, but for Premji leadership mean the single minded pursuit of excellence. He says that excellence endures and sustains. It is beyond motivation into that realm of inspiration (Chattopadhyay). Excellence can be as strong a uniting force as solid vision. Excellence, as per Premji is not something expected from some cross-sectional people of the entire organization, it should be a collective striving and obsession. It is the start and breathes of life for survival for any organization. Excellence needs to be achieved and to be materialized in two aspects. Firstly it is to be from external influences. Clients and customers will insist for excellence and the competition prevail ing in the market will also insist organizational excellence as a mandatory requirement. Apart from that everyone should strive for excellence internally, it is dutiful work of every human being to continuously fight with self and raise the bar of excellence index, there is no another alternative for long-term survival in the market(Premji). Business philosophy: Wipro Premji strongly believes that any thing in life can be negotiated except integrity in character. Ethical leadership is strongly needed for building a world-class institution. Essential requirements for business excellence are values, vision, innovation, leadership and social commitment (Shah, 2011). To meet the future challenges and demands we have to change a lot apart from our believes and core values, since these are essentially the building blocks that keep us united as an organization. Another important trait that is seen with Premji mode of operations is making employees part of the profit sharing, Wipro equity reward trust is one such programme where Ajim Premji offered a share in the rewards to all his employees of the company (Premji, 2006). Philanthropy as a way of life: The greatest human character which is unique and worked to let Premji stand alone is his exceptional inclination towards social good and benevolence. This makes him share unique social responsibility with few world famous entrepreneurs of all time (Coulson). At several instances Premji came forward and spent several millions of dollars for the welfare of society. Particularly focused on the disabled and the disadvantageous people of the society (Chandhra Das, 2009). Azim Premji started Azim Premji foundation with an ambitious and overreaching goal to contribute to a just, equitable humane and sustainable society in the country. Azim Premji strived to facilitate better education to the disadvantaged people of the country (Azim, n.d.). Azim Premji foundation was provided with several directives in this direction to uplift the quality of education in the society. The main factors that are considered by the educational mission of the Foundation are 1) To create talent in the country- Whe re in a large mass of people will be provided with vision, competence, and deep motivation to engage in social action. The important part of the mission is to develop fresh talent and to build capacity in the existing talent. Typically this consists of strengthening the mass of teachers, educators of the society, educational functionaries as well as leaders and other developmental professionals in the society. Another important aspect of the mission is to create knowledge. This is actually a process that works on to provide deeper insights into the solutions needed by the complexities of the education and other developmental issues of the society. This is actually a culture that works out to provide evidence-based decisions in policy and program (Eye). As a whole the intention of the mission to provide knowledge to the company. Also, the foundation is working out to establish chain (network) of academic institutions in line with the requirements of the society at large and each of t he institutions is equipped with all the necessary resources and objectives aimed to reach the educational requirements of the society at large. Through strong institutional networks, continuing education and field impact and awareness activities, communities and other related functionaries will be provided with an opportunity to consider the issues in education and development and by doing so this will facilitate betterment of the quality of the educational system (Hamm, 2007). Inspirational quotes as said by Wipro Premji: If people are not laughing at your goals your goals are too small. In our way of working, we attach a great deal of importance to humility and honesty; with respect for human values, we promise to serve our customers with integrity. "We believe this combination of excellence in operations and strong execution of our strategy is critical to achieving our vision. We will continue to focus on both in future as well." Conclusion: Wipro's Azim Premji is a typical entrepreneur with engineering background with excellent analytical abilities. What makes him unique is his high perseverance, unchallenged commitment to excellence from both internal and external perspectives, risk-taking the attitude to aim and achieve high, never hesitates for innovation, have excellent values as his core strength and always work towards what he believes is right and never gets shattered by challenges in business (Businessinsider, n.d.). His commitment to his belief is time tested (Azimpremjiinitiatives, n.d.). References: Ramamurti, R., 2001. Wipro's Chairman Azim Premji on building a world-class Indian company.The Academy of Management Executive,15(2), pp.13-19. Lahagu, R., Capps, B., Lingareddy, S., Mundanda, N. and Sumitsawan, W., 2001. Wipro and the Rise of the Indian Software Industry.Retrieved October,5, p.2012. Premji, A. chairman and CEO. Rao, B. and Mulloth, B., 2007, August. Building a Global Brand: The Case of Wipro. InPICMET'07-2007 Portland International Conference on Management of Engineering Technology(pp. 1372-1385). IEEE. Premji, A., 2006.Azim Premji. Stanford University, Graduate School of Business. Hamm, S., 2007.Bangalore tiger. Tata McGraw-Hill Education. Bagchi, S., 2005. Lessons in Entrepreneurship from the Indian IT Industry.Bangalore: MindTree Consulting. Gupta, V., 2008. An inquiry into the characteristics of entrepreneurship in India.Journal of International Business Research,7, p.53. Khan, S.A. and Abetti, P.A., 2011. The rise and globalization of the Indian IT industry: dual case study of Wipro Technologies and Infosys.International Journal of Services Technology and Management,15(3-4), pp.192-217. Bhatnagar, J. and Srinivasan, V.A.S.A.N.T.H.I., 2013. Building sustainability through people capability: a case study of Wipro Ltd.NHRD Netw J,6(6), pp.36-45. Shah, S., 2011. Insights into Governance at Wipro Ltd.: A Case Study [dagger].IUP Journal of Corporate Governance,10(4), p.60. Chattopadhyay, A.,Wipro(Doctoral dissertation, Wipro Technologies). Eye, E., Managing For Future Wipro Management Essay. Coulson, A.J., Premji's Gift and the Future of Education in India. Koti, K., 2013. FUNDAMENTAL EQUITY VALUATION A Case Study of TCS, INFOSYS, and wipro COMPANIES. Chandra Das, S., 2009. Status and direction of corporate social responsibility in Indian perspective: an exploratory study.Social Responsibility Journal,5(1), pp.34-47. Cappelli, P., Singh, H., Singh, J.V., and Useem, M., 2010. Leadership lessons from India.Harvard Business Review,88(3), pp.90-97. Premji, A., 2006. Convocation Address 2006. Kumar, N., 2012. International Entrepreneurship: Case of Happiest Minds.South Asian Journal of Business and Management Cases,1(1), pp.17-30. Manikutty, S., 2004. How Managers Can Become Business Leaders., n.d. [Online] Available at: https://www.azimpremjiphilanthropicinitiatives.org/.

An Employee Or Independent Contractor

Questions: 1. Is Simone an employee or another type of worker? Use the current common law test? 2. If we assume Simone is an employee, is PR PRO in breach of a common law duty in relation to not giving Simone any days off work or holidays? 3. If we assume Simone is an employee, does she have an entitlement to notice, at common law or pursuant to legislation, if PR PRO decides to replace her? Answers: 1. Rule: Common law introduced number of tests to identify the status of individual in organization: First test applicable by the Courts are Control Test. This test is determined by Court in case law Zuljs v Wirth Bros Pty Ltd[1]. In this case, Court held whether employer has right to exercise control over employee is considered as important element as compared to actual control exercised by employer. This element is the strong evidence of employer and employee relationship. It must be noted that control test and integration test are not the strong evidence on which Court takes their decision. In other words they are not considered stand alone test by Courts. There is one more test that is multiple indicia test, and this test was established in Stevens v Brodribb Sawmilling Co Pty Ltd[2]. In this case, the main issue is whether Gray and Stevens are employees or independent contractors. Court applied multiple indicia test for determining the employment status of Gray and Stevens and stated that Stevens was an independent contractor. However, Court also stated further developments regarding this test are completely based on the interpretation of future judges[3]. Later this test is confirmed in case Hollis v Vabu Pty Limited[4]. In this case Court held that bicycle couriers are not working as independent contractor but they are considered as employee of Vabu Pty Ltd. Therefore, Vabu Pty Ltd is vicariously liable for the act of its employee who never identified on personal basis by individuals because he wears uniform of Vabu[5]. High Court of Australia stated that now a day control cannot be considered as only factor to determine the status of individual in the company. Multiple indicia test includes: Employee relationship is stated if worker integrated into the business of employer such as wearing uniforms, signage on vehicles, etc. Employee relationship is stated if worker is entitled to entitlement and allowances such as Leave, superannuation, workers compensation. A worker is considered as independent contractor if he arranges the taxation matter at his own. A worker is considered as independent contractor if that person is tradesperson or professionals and conducting their own business. A worker is considered as independent contractor if he was engaged to perform some particular task, and worker is considered as employee if he was employed for some definite period. If remuneration is provided in wages then person is considered as employee, and if remuneration is in the form of lump sum, price per volume or as per results then worker is considered as independent contractor. If worker sets his own place and hours of work then he is considered as independent contractor. If worker have ability to delegate his work then he is considered as independent contractor. If employer has control over the conduct of worker then he is considered as employee of the company, and if employer has control over the reporting then worker considered as independent contractor[6][7]. Application: In the present case, Simone working in PR PRO, and she entered into an agreement with PR PRO at the end of 2012, to operate from 1 January 2013 until 31 December 2016. This agreement stated that Simone was not an employee of the company but she is abiding by all the rules of the company. Simone wears the shirt which had logo of PR PRO and she received agreed percentage of sales she made but she also receive small amount of base payment on a monthly basis. She paid income tax directly to the taxation department. Working hours of Simone are not set and she uses her own car for meeting the clients but she gets no allowance for that. She gets training from specialized agency and PR Pro pays for it. It is necessary for Simone to keep her phone all the time so she can answer her clients, and she receives extra payment where work took weekend and public holiday hours. Simone never gets any entitlement related to personal leave or holiday leave and company has never offered her any paid holidays. In this case all multiple indicia test is applied which discover following factors: Company controls the work of Simone because all the rules of the company are applicable on Simone also. Simone integrated in the business of the company because she wears the uniform of the company. Simone manages her owns taxation matter. She is not conducting her own business. She is employed for the period of 1 January 2013 until 31 December 2016. She receives remuneration in both ways as percentage of her sale and also basic pay rate. She needs to keep her mobile phone with her all the time and it shows that she is on work all the time. She is not entitled for any allowance or other benefits. Conclusion: After considering all the above factors it is clear that she work as an independent contractor in PR PRO. 2. Rule: Annual leave is also known as holiday pay in Australia which means employee must be paid while having time off from work. Annual leaves entitlement introduced by National Employment Standards (NES). Any time of award or agreement cannot provide annual leaves less than those stated by NES but they have right to give more annual leaves. Annual leaves become part of NES standards 1 January 2010 and standards of NES apply to all employees covered by the national workplace relations system. All employees except casual employees have right to get paid annual leaves[8]. An English case law Morley v Heritage plc [1993] IRLR 400. In this case, there is general rule which stated that every employee was entitled to annual leave for the period of four months per year. Full time and part time employees of the company have right to get 4 weeks of annual leave, and these leaves are based on their ordinary hours of work. Employer cannot breach standard of NES and in case of breach of NES standards court imposed penalty of $10,800 for an individual and $54,000 for a company[9]. Accumulation of annual leaves: Annual leaves accumulate from the day of joining of employee, even though probation period of employee is not over. Accumulation of annual leave is done when employee is on: Paid annual leave and paid sick leave. Long service leave. Leave related to community service and it also includes duty of jury. Accumulation of annual leave is not done when employee is on: Unpaid annual leave Unpaid sick leave Unpaid parental leave[10]. Application: In the present case, on 1/12/2016 Simone had a stroke because of which she lost her capability to work in the foreseeable future, and doctor stated that reason of stroke was high stress level, and her obesity. The reason behind this is that she had no holidays or weekends free from work for a long time. Simone has right to get 4 week annual leave as an employee of the company and company breach their duty under common law by not providing annual leave to Simone. Therefore, PR PRO breach their and court can impose penalty of $54,000 for breach of NES standards. Conclusion: In this case, PR PRO breaches their duty under common law by breaching the standards of NES for annual leave. 3. Rule: Employee has right to receive notice from employer, and employer cannot terminate the employment unless he gives written notice to the employee. It is necessary that employer must issue notice to the employee personally, send the notice at last updated address, and sending notice to employee by pre paid post[11]. Minimum time period for serving notice to the employee: An employers cannot terminate their employees unless they give minimum period of notice or make complete payment of employees they have worked. Minimum time period of notice are: Total employment period of employee Notice period Employment period of employee is not more than 1 year 1 week Employment period of employee is more than 1 year but less than 3 years 2 weeks Employment period of employee is more than 3 year but less than 5 years 3 weeks Employment period of employee is more than 5 year 4 weeks[12] Every employee of the company is entitled to receive minimum period of notice or payment under FW act, and the period of notice is depend on the length of service of employee. It is the duty of employer to ensure that whether employee is entitled for higher period of notice[13]. This can be understand with the case law that is Lavarack v Woods of Colchester [1967] 1 QB 278 ('Lavarack'). In this case, Court sets out the general principle that in case of termination, employee has right to claim for what he is legally entitled. Application: In the present case, PR PRO decided to replace Simone because of her disability to work in near future. In this case, Simone is working in the company from last 4 years and as per the requirement of FW Act PR PRO is under obligation to serve minimum notice period to Simone. As per the requirement to serve minimum notice period the length of service of employee is considered. Simone is working from last four years in the company and she is entitled to receive notice for the minimum period of three weeks. Conclusion: PR PRO is under obligation serve 3 weeks notice period to Simone under FW Act. Bibliography Case law Zuljs v Wirth Bros Pty Ltd (1955) 83 CLR 561. Stevens v Brodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16. Hollis v Vabu Pty Ltd [2001] HCA 44 207 CLR 21; 75 ALJR 1356; 181 ALR 263 Websites High Court of Australia, Hollis v Vabu Pty Ltd [2001] HCA 44 9 August 2001, accessed on 27th January 2017, https://eresources.hcourt.gov.au/downloadPdf/2001/HCA/44. ATO, Employee/contractor decision tool, accessed on 27th January 2017, https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/. Law Teacher, An Employee Or Independent Contractor, accessed on 27th January 2017, https://www.lawteacher.net/free-law-essays/employment-law/an-employee-or-independent-contractor-employment-law-essay.php#ftn7. FWO, Annual leave, accessed on 27th January 2017, https://www.fairwork.gov.au/leave/annual-leave. FWO, Annual leave, accessed on 27th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/annual-leave. Australian Union, Types of leave and public holiday entitlements factsheet, accessed on 27th January 2017, https://www.australianunions.org.au/types_of_leave_factsheet. Pattie Walsh, Termination of Employment in Australia: Best Practice Guide, 20 August 2013, accessed on 27th January 2017, https://www.mondaq.com/australia/x/257796/employee+rights+labour+relations/Termination+of+Employment+in+Australia+Best+Practice+Guide. FWO, Notice of termination redundancy pay, accessed on 27th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/notice-of-termination-and-redundancy-pay. FWO, Dismissal - how much notice, accessed on 27th January 2017, https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-how-much-notice. Zuljs v Wirth Bros Pty Ltd (1955) 83 CLR 561. Stevens v Brodribb Sawmilling Company Pty Ltd(1986) 160 CLR 16. Brenda Marshall, Working it out- Employee or independent contractor, 12, no. 5 (2006). https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1102context=nle. (Accessed on 27th January 2017). Hollis v Vabu Pty Ltd [2001] HCA 44 207 CLR 21; 75 ALJR 1356; 181 ALR 263. High Court of Australia, Hollis v Vabu Pty Ltd [2001] HCA 44 9 August 2001, accessed on 27th January 2017, https://eresources.hcourt.gov.au/downloadPdf/2001/HCA/44. ATO, Employee/contractor decision tool, accessed on 27th January 2017, https://www.ato.gov.au/calculators-and-tools/employee-or-contractor/. Law Teacher, An Employee Or Independent Contractor, accessed on 27th January 2017, https://www.lawteacher.net/free-law-essays/employment-law/an-employee-or-independent-contractor-employment-law-essay.php#ftn7. FWO, Annual leave, accessed on 27th January 2017, https://www.fairwork.gov.au/leave/annual-leave. FWO, Annual leave, accessed on 27th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/annual-leave. Australian Union, Types of leave and public holiday entitlements factsheet, accessed on 27th January 2017, https://www.australianunions.org.au/types_of_leave_factsheet. Pattie Walsh, Termination of Employment in Australia: Best Practice Guide, 20 August 2013, accessed on 27th January 2017, https://www.mondaq.com/australia/x/257796/employee+rights+labour+relations/Termination+of+Employment+in+Australia+Best+Practice+Guide. FWO, Notice of termination redundancy pay, accessed on 27th January 2017, https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/notice-of-termination-and-redundancy-pay. FWO, Dismissal - how much notice, accessed on 27th January 2017, https://www.fairwork.gov.au/ending-employment/notice-and-final-pay/dismissal-how-much-notice.