I always ensure that a well thought out step by step approach to all HR and employment related matters is taken, eliminating the risk of inadvertent
breaches of statutory requirements.
Inspectors have stated that a school's recent failure to enter pupils into exams was
a breach of the statutory requirements and the school's own funding agreement.
This means the action must be reasonable, proportionate and imposed by an authorised person (normally a paid member of the teaching staff) and not in
breach of any statutory requirement or prohibition.
Not exact matches
(a) malfunction
of mechanical equipment and recreational apparatus under the control
of or maintained by the operator, including vehicles, other than that resulting from misuse by a user; (b) unsafe operation
of mechanical equipment or recreational apparatus, including vehicles, by the operator or its employees; (c) unsafe aspects
of the structure and condition
of an indoor recreational facility that directly affect the safety
of users when actually engaged in a recreational activity for which the recreational facility is designed or intended; (d) failure by the operator
of an outdoor recreational facility to maintain commonly accepted conditions or standards
of demarcation, signage, lighting, and monitoring
of user activity, for outdoor recreational facilities
of comparable size and type; (e) unfitness for normal use, at the time
of supply or rental,
of equipment or apparatus supplied or rented for use in connection with a recreational activity; (f) conduct
of the operator's employees, acting in the course
of their employment, that results in personal injury to or death
of a user from the sources
of risk referred to in paragraphs (a) to (e); (g)
breach by the operator, or by an employee
of the operator,
of a specific
statutory duty or regulatory
requirement relating to safety in a particular recreational activity.
With regard to the
statutory requirements for data
breach reporting under Division 1.1
of PIPEDA, the proposed Regulations will
To facilitate compliance with the new data
breach reporting regime under PIPEDA, the proposed Regulations provide for implementation at the same time as the related
statutory requirements under Division 1.1
of PIPEDA, and allow for a lag period between the publication
of final Regulations and their coming into force.
In a claim for
breach of statutory duty relating to manual handling operations, it is not enough for the claimant to show a
breach of the
requirement to carry out a proper risk assessment if there is evidence that the defendant had in fact taken appropriate steps to reduce the risk
of injury to the lowest level reasonably practicable.
It submitted that the claimants could have taken advantage
of public funding, and their collective failure to do so was evidence
of a
breach of r 4
of the Conditional Fee Agreements Regulations 2000, (SI 2000/692); and second, the construction
of the CFA
breached s 58
of the Courts and Legal Services Act 1990, in that the conditional loss
of the discount was a success fee and the solicitors had failed to comply with the
statutory requirements thereof.
The Taskforce recommendation that native title claimants give up their right to object to the imposition
of the expedited procedure in exchange for a
statutory requirement for heritage survey agreements potentially
breaches international human rights standards.
2d 651)-- remedies provision
of the Property Condition Disclosure Act are unenforceable beyond the
requirement to give a $ 500 credit at closing should the seller refuse to provide the form, thereafter, common law or
statutory remedies, if any, are available; information contained in the disclosure statement survives neither contract nor closing; seller answering «unknown» on the disclosure form triggers a duty to inquire on the part
of the buyer and relieves the seller
of any potential liability for defects that arise in regard to the part
of the premises covered by the question; any information disclosed during the sale
of the property merges into the contract and does not exist on its own basis
of a common law cause
of action; buyer's action based on
breach of the disclosure statement is dismissed on the grounds that no such cause
of action is created by RPL Article 14; buyer's relief exists under common law contract theories and buyers have not proven their prima faciecase under those theories