Business law Essay Example | Topics and Well Written Essays - 2000 words - 2

Business law - Essay Example The company has grossly violated the contractual terms of the agreement they signed with Mark (Walsh, 2006, pg. 544). The grounds for Mark’s dismissal are that he refused to accept orders from his boss. It is noteworthy that the two have a long history of misunderstanding and criticism of each other’s leadership and professionalism. Whereas Mark accuses his boss for poor leadership and undue targeting with more work, Rebecca thinks that Mark is unprofessional in his attitude towards work (Walsh, 2006, pg. 544). Much as the company felt that they should dismiss Mark, they needed to follow due procedure provided for in the law and anchored in their contractual agreement. The claim that Mark shall use to win the case are many. First, Mark will need to prove that for the 12 years he worked for the company, he has never had a disciplinary issue and the misunderstanding between him and his boss are just based on dissenting opinion on how they perceive situations (Walsh, 2006, pg. 544). This is a valid reasoning because at every workplace, employees must not satisfy the perception of their bosses. Furthermore, the differences between Mark and his boss can better be resolved through conflict resolution mechanisms within the company, which were not even activated before his dismissal (Walsh, 2006, pg. 544). ... Therefore, when the company desires that Mark should work overtime, they should discuss and agreed how compensation for overtime work shall be done (Walsh 2006, pg. 212). The approach Rebecca gave Mark that he should remain behind and work overtime should have been done in a better way. There was supposed to be an agreement signed to dictate how any work that Mark does overtime shall be compensated. Furthermore, there is nowhere in the contract where Mark was to work overtime (Walsh, 2006, pg. 108). Whereas it was better for Mark to show respect for his boss, this was not going to be possible through forcing him to work overtime disregarding plans that he might have had for the evening. Thirdly, Mark shall argue against the procedure the company followed to dismiss him. Mark will show that the company violated his employment and contractual rights. The company is entitled to give Mark 12 weeks’ notice before they dismiss him according to their contractual agreement. Therefore, the company violated this agreement thus leading to wrongful dismissal (Korn and Sethi, 2011, pg. 8). While arguing this case, the mark shall need to prove that the wrongful dismissal has caused him several challenges. The dismissal has caused him to lose his source of income immediately putting him into dire financial problems. Furthermore, he has the rights to seek legal redress on this matter. Mark will need to prove that through the legal process he should be allowed to access the remedies he has. The remedies he has for a wrongful dismissal include reinstatement and compensation (Korn and Sethi, 2011, pg. 8). Therefore, this is a strong case against the company because disciplinary procedures do not form part of Mark’s contractual agreement with the company.

The Concept of Modern State Essay Example | Topics and Well Written Essays - 2000 words

The Concept of Modern State - Essay Example Although the majority of modern states fit Weber’s definition there are also some states with characteristics that do not fit Weber’s description. For example, failure of the state to have a total monopoly over ‘the means of legitimate physical violence over a definite territory’ or absence of any reasons for addressing the legitimacy of such monopoly as rational-legal does not necessarily mean that the state represents another form of political organization. This state will still noticeably differ from its predecessors (feudal and absolutist states) particularly such aspects as the degree of bureaucratization and the reliance on nationalism as a principle of legitimation (Jackson & Rosberg 1982).Formation and Attributes of the Modern StateThe basic attributes of the modern state developed over centuries. Emergence of the modern state in its current form was preceded by a series of gradual political, economic, cultural and social developments which began in Europe around the 15th century. At that time the largest European states such as England, France and Spain ruled by powerful dynasties underwent the process of centralisation of political and economic levers of control. The centralization involved the delineation of political boundaries when the increasingly powerful dynasties gradually eliminated other sources of power that might threaten their controls. Eventually once-almighty Catholic Church as well as the lesser nobility lost much of their power.... or addressing the legitimacy of such monopoly as rational-legal does not necessarily mean that the state represents another form of political organization. This state will still noticeably differ from its predecessors (feudal and absolutist states) particularly such aspects as the degree of bureaucratization and the reliance on nationalism as a principle of legitimation (Jackson & Rosberg 1982). Formation and Attributes of the Modern State The basic attributes of the modern state developed over centuries. Emergence of the modern state in its current form was preceded by a series of gradual political, economic, cultural and social developments which began in Europe around the 15th century. At that time the largest European states such as England, France and Spain ruled by powerful dynasties underwent the process of centralisation of political and economic levers of control. The centralization involved the delineation of political boundaries when the increasingly powerful dynasties gradually eliminated other sources of power that might threaten their controls. Eventually once-almighty Catholic Church as well as the lesser nobility lost much of their power, and the fragmented system of feudal states was replaced by another system characterised by full control over a definite geographical region and unitarism (Llewellen 1983). The political and religious conflicts that occurred within the course of the centralisation process culminated in the Peace of Westphalia (1648). This treaty is considered one of the important milestones in history of the contemporary system of nation-states: the Peace recognised fixed national boundaries and the sovereignty of states within their territories. Eventually, the system of centralized and increasingly bureaucratic rule known as