Legal Framework in Employment Case Study Example | Topics and Well Written Essays - 2250 words

Legal Framework in Employment - Case Study Example The duration of effect is equally valid, considering that in Romero Insurance Brokers Ltd v Templeton [2013] EWHC 1198 (QB), the High Court validated a 12-month duration for enforcing a restrictive terms in the employment agreement (Meiners, Ringleb, & Edwards, 2011). However, unlike in Monster Vision UK Ltd v McKie [2011] EWHC 3772 (QB) where restrictive clauses seeking to disbar Mr McKie from virtually any business transaction were disallowed by court, restricting Angela’s use of the unique recipe is reasonably essential in the circumstances to safeguard the Stella Diamond’s single product (Helewitz, 2010). Stella Diamond has expressed reasonable concern that the use of her traditional recipe within the neighbourhood can have damaging impacts on her business. Angela as a senior pastry chef holds a senior position in the business and as such she is very aware of the material business secrets, which can have a detrimental impact on Stella Diamond if the restrictive clause was, disallowed (Meermann, 2014). In Faccenda Chicken Ltd. v. Fowler [1987] IRLR 69 the defendant was an employee of the claimant, serving as the sales manager of the firm selling chickens. His contract of employment was terminated and he then established his own firm selling similar products from refrigerated trucks. He took half of the ten van salesmen of his former employer, their controller, two other office staff and majority of his former employer’s customers. As such, his actions seemed legal because none of the employer’s staffs had restrictive terms in their employment contracts (Kessler, Bass, & Yeargain, 2007). However, in its decision, the court said the respondent owed the appellant an implied duty to act in good faith, specifying that the duty will be breached if an employee uses, in any way, the same list of clients of the former employer upon termination of the employment. General restrictions on ex-employees were however held as unenforceable (Meiners,

I phone5 Research Paper Example | Topics and Well Written Essays - 2000 words

I phone5 - Research Paper Example Featuring of an architectural website, Dezeen, in the launch video of i phone5 focuses on the variance and depth of new promotional partnerships between different category products such as Apple Inc. and Dezeen, an architecture, interiors and design company website. Apple Inc. has given huge promotional leverage to Dezeen in the videos, thus, marking a new chapter of relational linking by entering into collaboration with the architecture magazine. It highlights how LTE technology offers â€Å"really fast downloads over your cellular network†. Marketing of Apple has always been a hush-hush matter. Apple contacted Dezene a year back for a customised version of its website with no advertisements and social media links without disclosing its strategy to the management of Dezeen (Golson, September 2012). The tie-up between Apple i phone5 and Dezeen magazine on architecture, interiors and design by showing the home page of the company website on the promotional videos, on the occasi on of the launch of its latest i phone5 version has huge management and functional implications for the architectural company. It offers a trade-off to the viewer of purchasing a superior quality product although it won’t be a decision taken at once, as the ad viewer would analyse the future cost and quality trajectory of the magazine in the category it belongs to. If the consumer wants to replace the product, as in this case, the decision will be taken by comparing it with the currently owned and subscribed magazine and other available magazines on architecture and design in the market. If after visiting the Dezeen company website through the Apple i phone5 link given on the email of the user, it reveals that the difference in quality is tangibly and intangibly significant relative to the cost of the architectural magazine, the possibility of replacing the current magazine with Dezeen increases. It means increase in the sale of Dezeen product. Thus, purchase decision depends , as per general modelling related to replacement. In the case of i phone5 and Dezeen, both the products are not complimentary as they are un-related. Therefore, the purchase decision in one category, i.e., the Dezeen, would not be impressed by the purchase decision in another category, i.e., the Apple company’s newly launched i phone5 (Sriram et al., 2010). Nevertheless, if the products in both the categories have been purchased, the incentive to replace them with the latest versions, as in the case of Apple i phone5, the consumer decision is going to be taken on the quality parameter only; the higher the quality, the more inspired the decision for replacement. Consumer leverage would be more if both the products are replaced relatively to a single category product replacement (Sriram et al., 2010). Anyways, the great thing for an architecture website is that a technology giant like Apple has contacted it for sharing business leverage mutually through an email link to the we bsite address for the visitor to surf the pages of the magazine compelling the viewer to take a better decision after analysing the trade-off. As per the general model for replacement, if two