Critically evaluate, in relation to the common law duty of care, the Essay - 8

Critically evaluate, in relation to the common law duty of care, the liability of employers for references. How, if at all, does - Essay Example These include defamation, invasion of privacy, retaliation and negligent referral or breach of duty to warn (Flanders & Clegg, 2006 p.8). This paper critically evaluates the liability of employers for references, in relation to the common law duty of care. In addition, the paper examines how the liability of a university such as the University of Sussex deters regarding references given to potential employers in respect to current or former students. As mentioned earlier, there are four sources of liability arising from the provision of employment references to prospective employers. It is necessary to critically examine each one of them. Defamation arising from the common law In common law, defamation refer to any communication that tends to harm the reputation of another with the aim of lowering them in the estimation of the community or preventing third persons from associating with them. In determining whether a communication is defamatory or non-defamatory, the applicable test a t common law is how the subject of the communication interpreted the communication (Deakin & Morris, 2005 p. 56). There are compensatory and punitive damages available for a successful defamation claim. This depends on the level of malice towards the defamed party. Thus, punitive damages may be available in instances where the communication was made with express malice or actual malice. There are two major defenses to defamation claims: truth and privilege. Truth is an absolute defense to defamation claims. In order to establish truth defense, an employer must affirmatively prove that the information or statement given was truthful. In this case, the plaintiff is not necessarily required to prove that statement or information was false. The most commonly used defense is that of privilege. In this regard, it is argued that the employer has a particular privilege in making the defamatory statement. Thus, the defense of privilege provides that an employer is immune from liability from making defamatory communication. Further, there are two types of privilege: absolute privilege and conditional privilege. When an employer has an absolute privilege regarding their comment about former employees it implies that the employer has complete protection irrespective of the motive of communication. Thus, this privilege does not apply in employment reference situation (Wedderburn, 2002 p.19). More often than not, absolute privilege applies to communication made by judicial officers, legislators during legislative proceedings, as well as communication made by some government officials. On the other hand, conditional privilege provides protection based on the employer’s motivation. Thus, it applies to those people who have legitimate common interest with the recipient of the communication. For instance, a conditional privilege may be used to protect the employer when the information is given to business partners, fellow shareholders, fellow corporate officers and other professional interests. Based on this, employers have a duty of care to protect those they have legitimate common interest from risk that could be posed by employing such Privacy implication of employment information As a source of liability arising from the provision of employment references to prospective employers, privacy implication of employee information is meant to prevent the disclosure of information regarding their privacy. Through this, it is evident that employers have a duty of care to safeguard the private information regar

Compare internship chosen with own professional goals Personal Statement

Compare internship chosen with own professional goals - Personal Statement Example I expect that this period will be a great learning experience for me, and will lay the foundation for the future that I see for myself as finance professional. I think that finance is the core sector of any business, because how finances are managed will be the key to whether a business makes a profit and prospers, or makes losses and dwindles. To begin with I shall need to learn the basics of how to use accounting tools, balance budgets and make accurate forecasts, taking into account future trends in markets and economies. The management of variances in actual and budgeted expenses and revenues, will be a challenge that I shall look forward to. I would like to gain an in depth understanding of how budgeting is done for various products, as well as how strategic goals are shaped and executed, and growth is driven through disciplined and efficient operations. Above all, I shall look forward to learning how processes and policies are put in place in order to drive growth, and improve the financial health of the company. In today’s world of global competition, I shall be particularly interested in learning how finance wizards work with fluctuating currencies, and the techniques they use to manage risks. The meeting and interaction with eminent Chief Financial Officers of various companies will be the icing on the cake. The seminars that I expect to attend as part of my internship will also help me hone my problem solving and communication skills. Interactions with people from varied walks of life, will give me insights into different ways of analyzing and addressing problems, and give me the confidence to put forward my own views and ideas. I hope also that meeting people will enhance my interactive and people skills. All in all I am expecting that this period of internship will be a big step forward for me in the direction of my ultimate goal. On my part I shall