Windmill Pictures Business Services Company -Myassignmenthelp.Com

Question: Discuss About The Windmill Pictures Business Services Company? Answer: Introduction The selected organization for this assignment is Windmill Lane Pictures. It is a post production company. The organization continues its operations and functions with the help of innovation and creativeness which is deployed by its directors, artists and musicians having a professional collaboration. The roots of the organization emerge from Dublin Docklands. The organization has been founded by James Morris. The primary production of the organization is in Dublin which consists of a music video content creation as well as a recording studio. Since then the organization operates as a incorporated company N324306 which is situated at 4, Windmill Lane. Dublin 4. The organization Windmill Lane Pictures Limited had been established in March 2000 on Thursday the 30th. The present directors of the organization who are namely Martin Hawkes, John Bateson and David Quinn have worked as the directors of almost ninety nine other Irish organizations among them. Out of these organizations 63 are no longer functioning. There is only one shareholder of the organization Windmill Lane Pictures Limited. Thus the legal structure of the organization is a body corporate (Hawkes and Bateson, 2018). The features of this kind of legal structure are as follows: This legal structure is best suited for large organization such as the selected organization. This is because there are several advantages which are provided through the use of this legal structure. One of the primary advantages is that as a registered company has a separate legal entity which means that its identity is different from its owners it has limited liability. This means that the owners only have to pay for what they have invested in the organization and they cannot be made personally liable. The other alternatives which a business has in the given situation are that of a sole proprietorship, partnership and a private company (Deakin Morris, 2012). Although private company also provided limited liability it does not allow for public fund raising. On the other and the partnership or sole proprietorship are best suited for small businesses and do not have limited liability. In the given situation the organization itself it exposed to any liability under contract, tort or statue law. This is because it is a spate legal person and has the right to get into a contract in its own name. Therefore just like a natural person an organization is also liable for any liability arising out of such situations. In addition the directors of the organization may also make the organization liable through the application of the law of agency where the principal is liable for the act of the agent. Scenario description In the given situation an employee named Jack who belonged to a Chinese ancestry has been dismissed as the organization was made redundant. However he was not properly terminated as and claims that he has been chosen for redundancy because of his Race. Another Employee Michael has been injured as he did not wearing protective gear while fixing the lighting system. The organization claims that Michael was an independent contractor rather than an employee. Contract of service/Contract of service There is a difference between an independent contractor and an employee. An employee has a contract of service and an independent contractor has a contract of services. Employers sometimes engage in sham contracting for the purpose of evading their liabilities which they have under an employment contract (Holland, Burnett Millington, 2015). Contract law in Ireland is governed through the provisions of Common law. An organization has the right to get into a legal agreement in its own name through the virtue of its separate legal entity. However an organization is not a natural person and cannot get into a contract on its own and thus require the help of its agents. The contracts are entered into by agents on behalf of the organization through the use of common seal. Some time the agents may misuse these powers and the organizations still have to be liable for the acts of the agents. In the given situation the organization has to comply with several legal requirements while getting in to contracts. Some of these requirements are that of consumer guarantees, unfair terms and unconscionable conduct. In relation to employment contracts there are also specific legal requirements which an organization has to comply with in order to meet the legal criteria. These are in relation to minimum employment entitlements such as minimum remuneration and leaves. The organization has to meet with the provisions set out by the Terms of Employment (Information) Acts, 1994 - 2012 while framing employment contracts. The working conditions of the employees have to be good and there must be no form of discriminations which they may be subjected in the course of their employment. There must be non unfair dismissal and in the time of redundancy the criteria for selecting employees have to be fair and transparent (Deakin Morris, 2012). There are significant legal threats which the organization may be subjected to if they do not abide by the legal requirements while discharging the contracts. The organization may be subjected to large fines and may also have to pay considerable compensation to those consumers or an employee who gets affected through such contracts. in order to ensure that the legal risk exposure of the organization in relation to contract law is minimized the company has to ensure that they follow all legal criteria which are required in relation to the terms of the contract. There must be no exclusion clauses which are not valid as they would not be enforced. In addition any unfair or unclear term is also likely to be interpreted by the court against the interest of the organization. Any exclusion clauses have to be brought to the notice of the consumers and there must be no misrepresentation at the time when the contract is entered upon into on behalf of the organization. They must also not indulg e in sham contracting and treat an employee like an employee only rather than a contractor (Barnard, 2012). Intellectual property and data protection law Intellectual property law has been brought into place so that any issue in relation to the use of intellectual property and its ownership can be addressed. The provisions in relation to Copyright in Ireland are subjected to EU directive 2001/29/EC Harmonisation of certain aspects of copyright and related rights in the information society and are also governed through the provisions of Copyright and Related Rights Act 2000. Further compliance of copyrights in Ireland with the European directives have been ensured through the European Communities (Copyright and Related Rights) Regulations 2004. According to the legislation the applicability of copyright in relation to a work is for 70 years from the date of death of the editor, author or creator. It has been provided that the selected organization indulges in film production and thus the ownership of copyrights under these laws would be subjected to 70 year after the creator of the film has died. In addition the organization has to de liver within a month the copies of the work to Library of Ireland. The inventions which have been done by the employee during the course of employment and through the use of company resources are owned by the company. Provisions in relation to Data Protection in Ireland are primarily governed by the Data Protection Act 1988 (1988 Act) as well as its amendment Data Protection (Amendment) Act 2003 (2003 Act). The legislations state that all data must be collected and processed with the consent of the owner. In the given situation under the legislations it is the duty of the organization to ensure that any data they collect or process is with the consent of the owner and in compliance with the legislation (Barnard, 2012). Not doing so will make the organization liable to the breach of the legislation. In the same way the organization may claim damages in case their data has been used by some other person without proper consent from the organization. The scope of the data protection law extends to the collection and processing of all personal data within Ireland. Data is defined as any information which is used to identify a person. The organization has the liability of keeping all data which have been provided to them by their clients and the employees confidential. Keeping this consideration in mind would help the organization to comply with the data protection legislations in an efficient manner. In employee can be dismissed for stealing data from the employer (Wilcox Youngsmith, 2017). Health and safety law Health and safety law in an organization is in place in order to ensure that the employers provide the employees with a healthy working environment and the employees themselves take care that they follow the procedures and policies which have been laid down by the employer. The law in relation to health and safety in Ireland is governed by the Safety, Health and Welfare at Work Acts 2005 and 2010. The legislation provides that the employers must have in place all safety measures which are required to provide a safe working environment to the employees. In case any accidents take place the organization will be held liable for prosecution. This is because the employer of the employees in the situation is the organization. However where there has been any contributory negligence which has added on to the injury on the part of the employees themselves the liability of the organization is likely to be proportionate under the legislation. For the purpose of implementing the health and safety procedures the organization has to comply with the provisions set out in the legislations. This means that while doing so the organization has to provide adequate training to the employees in relation to their health and safety within the organization (Wilcox Youngsmith, 2017). This training is provided so that the employees are able to understand their role in the work place. In addition it is also the duty of the organization to provide the employees with all the safety gears required for the purpose of doing their work in a safe manner. In addition in order to ensure that the organization maintains the health of the employees they must provide them with adequate leaves so that they do not have much stress and can maintain a proper work-life balance. The Occupiers Liability Act 1995 governs the provisions in relation to the liability of the owner of premise with respect to an occupier. The owner of a premise is liable for any injury which has been caused to the occupier of the premises while it is used. One of the significant cases in relation to the law is the case of Fitzgerald v South Dublin County Council[2015] IEHC 343. In this case it had been held by the court that even where the premises are put to recreational use by a person for recreational use the occupier is liable for any injury caused to such person. Legal requirements in relation and redundancy In Ireland The Redundancy Payments Acts 19672014 deals with provisions in relation to redundancy. The legislation primarily states out the compensation which needs to be paid by an employer to an employee when he or she is made redundant. There are certain considerations which an employer has to make in relation to redundancy. These considerations have been discussed in the case of St Ledger v Frontline Distributors Ireland Ltd [1995] E.L.R. 160. The employer must not select an employee for the purpose of redundancy based on any other criteria other than merit or experience. If an employer indulges in making the employee redundant based on any other criteria it may lead to discrimination and the employer may be prosecuted under the employment discrimination laws. Conclusion From the above discussion it can be stated that an There is a difference between an independent contractor and an employee. An employee has a contract of service and an independent contractor has a contract of services. Employers sometimes engage in sham contracting for the purpose of evading their liabilities which they have under an employment contract. Where there has been any contributory negligence which has added on to the injury on the part of the employees themselves the liability of the organization is likely to be proportionate under the legislation. If an employer indulges in making the employee redundant based on any other criteria it may lead to discrimination and the employer may be prosecuted under the employment discrimination laws. References Barnard, C. (2012).EU employment law. Oxford University Press. Copyright and Related Rights Act 2000 Data Protection (Amendment) Act 2003 (2003 Act). Data Protection Act 1988 (1988 Act) Deakin, S. F., Morris, G. S. (2012).Labour law. Hart publishing. European Communities (Copyright and Related Rights) Regulations 2004 Fitzgerald v South Dublin County Council[2015] IEHC 343 Holland, J. A., Burnett, S., Millington, P. (2015).Employment Law 2016. Oxford University Press. St Ledger v Frontline Distributors Ireland Ltd [1995] E.L.R. 160 Terms of Employment (Information) Acts, 1994 2012 The Occupiers Liability Act 1995 The Safety, Health and Welfare at Work Acts 2005 and 2010 W., Hawkes, M. and Bateson, J. (2018). Windmill Lane Pictures Ltd | Irish Legal Business Services Company Director Check. [online] Solocheck.ie. Available at: https://www.solocheck.ie/Irish-Company/Windmill-Lane-Pictures-Limited-324306#report-2 [Accessed 15 Feb. 2018]. Wilcox, K. C., Youngsmith, D. M. (2017). Overview of Equal Employment Opportunity Laws.California Employment Law,2.