Introduction
The Sobeys Company like any other company must minimize the risk prevalence in order to maximize its profitability. The loss prevention manual for the Sobeys Company aids the managers and the employees to learn more ways of protecting themselves from the exposed risks while carrying their daily activities. Notably, it educates the workers and managers to identify when the legal advice is needed, hence, they will be using the manual to solve the problems available in the contemporary world.
Internal procedures
The administrative law is the growing part of the statue law that deals with internal procedures of the Sobeys Company. They enforce the regulations made under the statue law while they create or repeal old laws and create the agencies under the administrative acts. The agencies or the administrative tribunals regulate the specific activities around the institution through the administrative law. The Sobeys employees and managers will only act on their specified activities unless given mandate by the administration law to act outside their activities
The Sobeys administrative law is directed to regulate and control the related business activities. The managers and the employees must be aware of this law because it has direct impact on them or their operational activities. The regulatory bodies including the government have the procedures or the regulations that must be complied with either when the business has kicked off or during the operation ("Business Law," 2014, p. 28). The Sobeys administration must comply with these rules and the regulations since it may result in the closure of the company or the employee loosing the job among other serious penalties. The law protects the risks of losing the whole company and therefore, specifies its main goals and objectives.
The Sobeys administrative law provides the arena for Warnings and hearings to its employees and managers. Therefore, there are minimized risks of the employee or the manager losing their jobs. An individual who as acted against the law of the administration and found guilty is given the notice. It is established in such a way to provide the employees with the chances of retaining their jobs. Employees found guilty for the second time have the opportunity to be heard by the administration body. The administrative authority includes the arbitration and arbitrators who have wide powers to determine the procedure and the hearings and examine the witness under the oath and check at the instances under the dispute ("Business Law," 2014, p. 28). They will interpret the rights and the duties of the employer including the union and relationship under the agreement. All the employers who feel that they have been improperly treated by the company under the terms of the accords have the rights to the hearings, and they must take the arbitration for the settlement (Willes & Willes, 2009, p. 409).
The Sobeys Company law protects the Human rights issues within the business institution. Under any agreement of the enterprise, there are rights that the employee must enjoy including the issues related to the duties. The human rights legislation has established the clear duties of all the employers on the employment position and the consequent treatment of the employees. The Discipline committees are found in the administrative system, and they are the ones to hear and determine the charges, punishments or the compensation of an employee after the hearings have been made, they also participate in the trials. They hear and identify the cases alleged to the discrimination, corruption and the misconduct of an employee within the administration (Willes & Willes, 2009, p. 568). The risks of employee or the manager loosing their rights becomes minimal in the company.
Incidents at the work place
There are many incidents that occur daily when the employees are carrying out the business activities and hence, they are considered in the Sobeys risk prevention manual. Under normal circumstance, the employees are protected by the workers compensation insurance that covers everything including the medical bills, transportation, and other expenses that deal with the medics including the lost wages. For one to be eligible for the insurance benefits, the worker must be injured while performing the work of the organization ("Business Law," 2014, p. 28). Irrespective of the place, time or the location where the employee is injured, the injury is considered the work place accident if the employee was performing assigned job duties then he is covered by the workers compensation. Sobeys risk prevention manual is there to update all the amangers including the employees when to claim for their compensations among other claims.
The Fair Labor Standards Act is the law that sets the overtime pay requirements for the hourly workers and overtime to pay for employees (Crawford & Fridman, 1972, p. 99). It is helpful in preventing the occurrences of the overtime lawsuits. To avoid the overtime lawsuits, Sobeys risk prevention manual has implemented the processes that track the amount of time the employee as worked. When the systems are working properly, then the manufacturers will be assured that they are taking the proactive steps to monitor the time worked by the employees.
The harassment and the discrimination lawsuits can be prevented by developing and distributing the employee handbook and regular review of its contents. The Sobeys risk prevention manual includes the harassment guidelines and rules while providing the discipline to those who violate such directives and norms. Moreover, the wrongful termination is not the actual cause of the action upon filing the lawsuit (Crawford & Fridman, 1972, p. 87). Since the employment is at will and not guarantee to the contract, then the employer must prove that the basis of termination was illegal, and it includes the violation of the policy, fraud and whistle blowing.
Contract issue
The employer-employee relationship is created by the contract between the employer and the employee. Under the contract terms, the professional person agrees to perform certain services to the employer in return for the certain fee. The employer under the contract agrees to perform certain services required under the accordance with the standard of his professional and failure leads to breaching of the contract. Breaching the contact is part of the negligent and carelessness performance of the employee or even the refusal of the employee to perform the work given to him. The Sobeys risk prevention manual places the interests of the employee above his or her own to avoid conflict with the employee. Furthermore, the employee must maintain his or her proficiency level and standards in accordance with the duties allocated. To avoid the scenario where the professional body makes mistakes, or produces the work which is not perfect. The Sobeys risk prevention manual has the negligence suit that measure the duty of the particular person within the prescribed profession (Willes & Willes, 2009, p. 500). Notably, the professional standards should always be below the Sobeys risk prevention manual standards set for any employee professional’s performance which makes it difficult to breach 148. The contract, in general, maintains the relationship of both the employee and the employer and ensures that there is a liable party if the contract is breached at some points (Crawford & Fridman, 1972, p. 46). The acceptance of the offer is the first rule in establishing the contact after the comprehensive understanding of the concepts. Therefore, the employee or the employee agrees to keep the terms of the contract, or they become liable for the consequences.
Rules that staff and managers should be aware of
There are binding issues that the employee and employer have in common. The company policies for instance among other rules which must be taken very careful. It is required of the employee to review the handbook to avoid breaking some of the rules. Breaching the organization policies leads to the loss of the job or a person can be demoted. The personal information should remain personal unless obtained with the consent of the person. The supervisor has right to access the employees (Willes & Willes, 2009, p. 532). Therefore, it is the ethical and legal responsibility to keep confidential and safeguard all the confidential information of all the employees. The contact made during the employment should be binding to both the employer and the employee. Therefore, they should both uphold the terms that are stipulated in the covenant to maintain the progress of the company.
Impact of modern technology e-commerce
There are many significant factors that the technology industry has which have made positive impacts on the business sector. It has made communication easier, safe and faster and the business transactions can be made without any difficulty. The information about the markets in different parts of the world is provided in every business and hence, the comparison becomes easy. Technology has the significant impact on the transport sector, and it is of much importance to the enterprise sector (Crawford & Fridman, 1972, p. 29). Transportation of goods from one place to another is made easy by the use of land, air and water transportation. The modern transportation system is turning the world into the global village since they are faster and cheaper making the sale and transfer of the goods from one party to the other to be easy.
The availability of the computer in the business industry makes the availability of the information to be easy and fast to be retrieved. The information obtained is processed, and action is immediately taken to avoid delays making the business organization to progress at very fast rate. The computer also allows the transactions to be carried online enabling the business to be taken without the presence of the individual (Willes & Willes, 2009, p. 438). With the online transaction taking place, then it becomes easy to advertize the products and the company in general increasing its anonymity. The computers on the other way have enabled the business industry to save large piles of the data in the easiest manner unlike in the past where they used files. The retrieval of the same data is becoming easy with the computer unlike the use of the archive. Other uses of the technology include the mobile money and ATMs where they increase the easy accessibility and transaction of the money from one party to the other making the business to be efficient and faster.
Employment law suites
Duties of employees/employers
The Sobeys risk prevention manual states many responsibilities amid the employer and the employee; the company is required to purchase the insurance for all of its employees from the workers compensation insurance carrier. The State law requires that the larger employers with the sufficient assets are allowed to self-insure, and they can act as their insurance companies (Willes & Willes, 2009, p. 438). Any employee who is injured can file the claim with the insurance firm or the company which will pay the medical including the disability benefits according to the Canadian approved formula.
Under the tort law or the urgency law of the Sobeys risk prevention manual, there are three duties that the employee owes the employer. The duty of loyalty is considered the primary duty. It refers to the obligation to act in the interest of the company and not to compete with the main business. Notably, even if one is working on his project at home using his equipment; the project may constitute to the breech of the contract if it competes on the market with that of the employer. The duty of care is another vital duty that all employees need to observe; the lack of performance is considered to be the violation of the obligation (Crawford & Fridman, 1972, p. 192). Lastly, the duty of obedience is the obligation to obey all the reasonable orders of the employer, and any act of the insubordination is the violation of this obligation. The employer has the duty of protecting the employee throughout the term of the employment. On the other hand, the employee has the duty of performing the work of the highest quality throughout the duration of employment.
Issues related to sale of goods act
The Sobeys risk prevention manual law governing the sale of goods contains precise rules that govern transactions. Sale of goods act dictates how goods are exchanged with money. The existence of laws that regulate the sale of goods is an indicative of development in the society. Sales of goods act are applicable between merchants where they exchange goods with money. Ideally, according to sales act goods are purchased and not exchanged with other goods ("Business Law," 2014, p. 56). Furthermore, the goods act demands that the interested parties should agree on the price before any transactions are done. The law minimizes the risks related to disputes that may arise in sales of goods. Also, the law allows merchants to settle any disputes that may arise and in the case of disagreement then the two can proceed to court.
Consumer protection act
The Sobeys risk prevention manual law protects the consumers against low quality or faulty products. Consumers should purchase high-quality products. The consumer protection act ensures that harmful products are not sold to customers and ensures that the goods sold to consumers do not affect their health.
Restrictive trade policies
The Sobeys risk prevention manual restricts certain trade policies for safety purposes. The sale of goods policy does not allow any business transaction that does not have licenses. All businesses operating should have licenses. Illegal products such as marijuana are restricted in Canada, and it cannot be used as the trading commodities and therefore the Sobeys risk prevention manual respects this rule. Similarly, transactions done in Canada require a selling agreement. The agreement implies that the seller and the buyer have agreed on their terms conditions about the goods sold or bought. The transactions require a memorandum in writing (Crawford & Fridman, 1972, p. 39). The manual states that the note should contain the signatures of both the buyer and the seller.
References
Business Law. (2014). doi:10.4324/9781315857909
Crawford, B., & Fridman, G. H. (1972). Studies in Canadian Business Law. The University of Toronto Law Journal, 22(2), 124. doi:10.2307/825348
Willes, J. A., & Willes, J. H. (2009). Contemporary Canadian Business Law.
