Employer of a court ruling that a clause or a contract is a sham Essay

Employer of a court ruling that a clause or a contract is a sham - Essay Example In most cases, sham employment contracts are the result of denial of mutuality by a provision indicating that the organization or employer does not offer any specific tasks and the alleged employee does not assume to do it (Cabrelli, 2014). Similarly, denial of personal service by introducing a contractual clause indicating that the individual employee can substitute his or her absence by sending someone else to undertake the work is another unfair act by the employer. Contractor agreements normally contain such clauses and their existence suggests that the person does not meet the description of â€Å"worker† in common law as there is no requirement to execute out the tasks â€Å"personally†. Regardless, if neither the person nor the organization ever contemplated the future obligation to bring a substitute in the ‘worker’s’ absence regardless of the lack of common intent to lie to any third party, courts would determine the working arrangement as â€Å"sham† (Painter, & Holmes, 2012). In most cases, the ensuing situation technically changes the position of the person from expressly-stated â€Å"contractor† to a practical â€Å"worker† by virtue of his or her subsequent behaviour. As Cabrelli (2014) noted, when the seemingly harsh and unreasonable outcomes on the â€Å"worker† have been delineated, courts have demonstrated their willingness to enforce the contract as it would be employment contract. Regardless, various court interventions have raised serious problems since the known connotation of a sham remains somehow vague in commercial law. This is especially true in situations where both parties to an employment pact are guilty of misrepresentation to deceive third parties, where it is held that such action does not constitute a sham. The clearest proof of confusion in the common sense understanding of a sham provision is that it has never been consensually enforced (Davies, 2009). The

Axon company Essay Example | Topics and Well Written Essays - 2000 words

Axon company - Essay Example In 2001 they leading business consultancy Bywater and broadened its offering in the management consultancy space, delivering strategy, process and organisational transformation programmes. In the US also they have acquired several SAP consultancy firms including TUI Consulting Inc, Premier HR Solutions Inc and Zytalis Inc. Axon now has offices in the US, Asia Pacific and Europe and turned over more than  £137.5m in 2006 and their clients include Transport for London, The AA, Xerox, Birmingham City Council, BP, Pratt & Whitney, Sikorsky, Goodrich Corporation, Air Canada and Aquarion. Their three lines of business include business consulting division, solutions implementation division and applications management division. They cater to sectors ranging from aerospace to retail and telecommunications to oil and gas. They address emerging issues like address emerging global issues such as electronic commerce, industry convergence, worldwide alliances, virtual organisations and corporate citizenship. The market environment for such consultancy firms is robust with growth but not all succeed due to the prevailing market forces. An analysis of the industry, the market forces and the economy relevant to the company would help to determine the future prospects for Axon. Besides, any company is also governed by the regulatory issues and this too contributes to the success of the organization. The consulting industry has experienced sizeable growth and enviable profits. Consulting services generated approximately $120 billion worldwide during 2004 and the future is promising as well (Mark, 2006). This is due to various factors that govern the industry. Industries like health care, financial services, energy, retail and IT have all exhibited phenomenal growth. In the competitive environment firms are increasingly hiring consultants and offering excellent compensation