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?Impact College Ltd provides private tuition. The college is managed by Jack, who also has responsibility for?personnel matters. Fred and Gale are amongst the 60 lecturers currently employed by Impact College Ltd.?They have both worked for Impact College for the past six years.??Fred has been the staff trade union representative for the past three years and has had several confrontations?with Jack as to the working conditions of the college's employees. Gale has been off work twice in the past?four years on maternity leave, to Jack's stated annoyance, and is pregnant once again.??It has transpired that Fred and Gale are amongst the ten members of staff selected for dismissal by the?college and they suspect that Jack has pursued a personal vendetta against them.?

37

【論述題】

Identify what an employer must prove to avoid being found liable for unfair dismissal

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考點：Chapter9Dismissalandredundancy

?When a case comes before an employment tribunal it is for the employer to prove that the dismissal was for?a fair reason (capability, conduct, redundancy, legal prohibition or another substantial reason). However,?there are automatically unfair reasons for dismissal that the employee might raise, and in that case the?employer should be prepared to defend against them. In cases of redundancy, a fair selection process?should be used to select employees for dismissal.?

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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