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Whether Defendants knew or by the exercise of reasonable care should have known its packaging was and is untrue in violation of Business and Professions Code section 17500 symptoms hypoglycemia discount cytoxan on line, et seq medications prolonged qt buy cytoxan discount. Whether Defendants breached an express warranty made to medicine 6 year in us discount cytoxan amex Plaintiff and the Class; k. Whether Plaintiff and the Class are entitled to restitution, and/or other monetary relief and, if so, the amount and nature of such relief. Plaintiff has retained competent and experienced counsel in class action and other complex litigation. A class action is superior to other available methods for fair and efficient adjudication of this controversy. The expense and burden of individual litigation would make it impracticable or impossible for Class members to prosecute their claims individually. The class action device presents far fewer management difficulties and provides the benefits of a single, uniform adjudication, economies of scale, and comprehensive supervision by a single court. Defendants have acted on grounds generally applicable to the entire Class, thereby making final injunctive relief and/or corresponding declaratory relief appropriate with respect to the Class as a whole. The prosecution of separate actions by individual Class members would create the risk of inconsistent or varying adjudications with respect to individual members of the Class that would establish incompatible standards of conduct for Defendants. Absent a class action, Defendants will likely retain the benefits of their wrongdoing. Absent a representative action, the Class members will continue to suffer losses and Defendants will be allowed to continue these violations of law and to retain the proceeds of their ill-gotten gains. Plaintiff repeats and realleges the all allegations of the previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paragraphs, and incorporates the same as if set forth herein at length. Defendants fraudulently deceived Plaintiff and the Class, and intentionally misrepresented and concealed material facts from Plaintiff and the Class. Said misrepresentations and concealment were done with the intention of deceiving Plaintiff and the Class and depriving them of their legal rights and money. Defendants knew or should have known, through the exercise of reasonable care, that the Product does not cause the benefits and results contained in their advertisements. These representations were a substantial factor in causing Plaintiff and the Class to purchase the Product. At the time Plaintiff and the Class purchased the Product, they were 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 unaware of the fact that the Product was not effective for its intended uses and was in fact no more effective than a placebo. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs, and incorporates the same as if set forth herein at length. This cause of action is brought pursuant to Business and Professions Code § 17500, et seq. Pursuant to Business and Professions Code Section 17535, Plaintiff and the members of the Class seek an order of this Court enjoining Defendants from continuing to engage, use, or employ their practice of advertising the sale and use of the Product. Plaintiff would not have purchased the Product if he had known that the claims and advertising as described herein were false. Plaintiff repeats and realleges the allegations set forth above, and 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 incorporates the same as if set forth herein at length. This cause of action is brought pursuant to Business and Professions Code Section 17200, et seq. Some courts conduct a balancing test to decide if a challenged activity 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 amounts to unfair conduct under California Business and Professions Code Section 17200. Some courts require that "unfairness must be tethered to some legislative declared policy or proof of some actual or threatened impact on competition. As alleged in the preceding paragraphs, the misrepresentations by Defendants detailed above constitute an unfair business practice within the meaning of California Business and Professions Code Section 17200. Pursuant to Business & Professions Code Section 17203, Plaintiff and the 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 members of the Class seek an order of this Court enjoining Defendants from continuing to engage, use, or employ their practice of advertising the sale and use of the Product. Plaintiff would not have purchased the Product had he known the claims and advertising as described herein were false.
Women now account for 30 per cent of managers but earn 24 per cent less than male managers z pak medications order discount cytoxan line. The categories of sex and race discrimination internal medicine purchase generic cytoxan pills,Дм direct discrimination treatment for vertigo order cheap cytoxan on line, indirect discrimination and victimisation,Дм are relatively easy to define, and many organisations have taken procedural steps in terms of pay audits, greater transparency over pay, analytical job evaluation schemes and equal opportunities policies to combat such discrimination, yet discriminatory practices remain in evidence. There are four reasons that help to explain the continued presence of discrimination in employment. Firstly, much discrimination goes unreported and is tolerated by employees, who feel that they have no voice mechanism to complain about such treatment; this is particularly the case in small firms and some non-union employers. However, it is necessary to point out that within workplaces that have collective bargaining and otherwise wellordered personnel policies, discrimination may occur; for example, recently there was a wellpublicised case of racial discrimination at the Ford Dagenham plant. This case was settled by an employment tribunal in 2002 when two former employees were awarded a total of ¬Ј500 000 in damages for racial discrimination and medical disability. The Ford motor company accepted the decision of the tribunal but added that a policy of zero tolerance of racial abuse had been introduced at the Dagenham plant and further noted that the complaints of both employees had been thoroughly investigated. A second explanation for the continued presence of discrimination relates to the rather limited nature of employment protection legislation during the 1980s. For much of its period of office the last Conservative government operated differential employment protection legislation for full-time and part-time workers. The results of much of this legislation, for example the lawful exclusion of part-time workers from occupational pension schemes, are now unlawful. However, many claims against this type of discrimination, unequal pay and indirect sex discrimination, lodged on the basis that more part-time workers were women than men, remain in the process of redress and resolution. In an effort to reduce discrimination between full-time and part-time employees the Part-time Workers,Дф Regulations came into force in July 2000. These regulations state that part-time workers should receive the same pay rates as full-time colleagues and receive the same hourly overtime rate once they exceed normal working hours. In addition to these equal rights, part-time workers must receive the same holiday, maternity and paternity leave entitlements as full-time colleagues on a pro-rata basis. Finally, parttime workers must be included in the provision of workplace training, that is, there must be a single framework for training in the workplace and not separate sets of arrangements for full-time and part-time workers. The part-time regulations cover 7 million workers working fewer than 30 hours per week, including home workers and those employed on temporary, casual or short-term contracts or by an employment agency. The regulations, although a marked improvement on the previous situation,Дм which forced female part-timers who alleged discrimination to seek redress through the indirect route of the Sex Discrimination Act,Дм are limited. For example, while the regulations call for comparability of pay between full-time and part-time workers, they contain no mechanism to measure or quantify such comparison. Currently a,Дтcomparable worker,Дф,Дм a comparator that a part-time employee uses for comparison,Дм is defined as,Дтa full-time worker with the same type of employment contract doing the same or similar work,Дф. This accession further exposed the limited protection provided for many 444 Chapter 11 ¬ the employment relationship and employee rights at work British employees; for example, prior to November 2001 individuals employed on fixedterm contracts did not have the same rights as full-and part-time employees in terms of pay, pension entitlement and paid holidays. Further, at the time of writing, agency workers or,Дтtemps,Дф employed directly by employment agencies can be lawfully discriminated against in terms of pay, holiday pay and dismissal. On a related matter, employees beyond the statutory retirement age have traditionally found themselves beyond employment protection, yet a recent employment tribunal decision that two men over 65 were entitled to claim for redundancy and unfair dismissal may give those who work beyond the statutory retirement age employment rights. Second, the decision in this case turned on the presence of,Дтdisproportionate effects,Дф whereby more men than women remain in employment beyond the normal retirement age. Hence, the,Дтprotection,Дф acquired is indirect in this case as it relates to indirect sex discrimination. The present government published a discussion document on both issues in October 2002 and in the absence of statutory protection in these areas the Human Rights Act may provide some protection if discrimination in employment contravenes employee rights to the protection of private and family life. A recent survey of 3500 employees found that 20 per cent of the sample had experienced workplace bullying in the past year, with 8 per cent of the sample claiming to have experienced bullying on a regular basis. Bullying is not confined to employees further down the organisational hierarchy; 24 per cent of middle managers and 17 per cent of senior managers reported that they had been bullied at least once over the past year (Mercer Human Resource Consulting, 2002). Currently, workplace bullying is not specifically categorised in employment legislation, and while the practice may constitute disability discrimination or indirect racial or sexual discrimination, in other cases employees may have to resign and claim constructive dismissal, see part 5 of this chapter. It is important for the personnel practitioner to note that an employer is liable to defend an allegation of discrimination in the workplace and act upon it even if the employer is not directly responsible for it; that is, where another employee is responsible for the discriminatory behaviour. As some recent cases in City of London financial institutions demonstrate, it is not sufficient for an employer to argue that racist and sexist behaviour constitutes workplace,Дтbanter,Дф or that they were unaware that such behaviour occurred or that such behaviour is not discriminatory because all employees are subject to it. Further, other recent cases in financial institutions demonstrate the continued presence of indirect sex discrimination due to unequal pay, such as in the calculation of bonus payments.
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Many managers are simply used to medications kidney failure order discount cytoxan follow the orders so find it difficult to medicine you can give dogs cytoxan 50 mg lowest price use their own initiative while major change programmes medications rheumatoid arthritis discount cytoxan 50mg online, especially those including redundancies, face severe obstacles Chapter 12 An international perspective 467 in acceptance and implementation. Changing to Western-style employment relationships, therefore, remains a major step, although evidence is growing that Western practices, such as psychological testing and using references, are growing, especially in joint ventures. Now they want to reduce dependency on low-cost labour by raising added value and building human and intellectual capital. Where there is a greater pull factor from the local environment, (measured by longer time period of establishment in that locality), the practices tend to show a traditional flavour, such as provision for employee housing, consideration of the educational background for hiring managers and referrals. This is not to say that Western-style practices are absent, it is more a more hybrid system that has developed. Those managers adapting to the dual forces of "push" and "pull", linking global management policies and practices to the specific Chinese environments, sensitive to Chinese local culture and practices and willing to be flexible while maintaining professional standards may be most likely to succeed in the Chinese market. These problems are compounded further with reports of the use of child and forced prison labour, and the persecution of workers because of their membership of unions and opposition political parties (Tsogas, 1999). The frameworks tend to concern low wages, human rights and worker rights abuses, child labour and poor working conditions. Meteor case study Setting up a new unit in Belgium Three years later, in line with the business strategy, Meteor was set to open a unit in mainland Europe and a site near Brussels had been chosen. The consensual nature of industrial relations was pivotal with the social partners in constant contact with each other through bipartite national and industry bodies, such as the Central Economic Council. Sarah knew that she would have to work within national agreements reached in areas such as the average monthly minimum guaranteed income, introduced in 1975, which is linked to the national monthly consumer price index, and wage rates for employees under 21, both of which applied to the whole of Belgium. Her research found the appropriate national agreement and she was 470 An introduction to human resource management Chapter 12 relieved to see that the indexation only applied to those employees on the national minimum wage. These agreements were reached through sub-committees of the National Labour Council that dealt separately with agreements for blue and white-collar employees. The national agreement produced considerable financial implications to the company for the transfer of blue-collar employees to white-collar status, due to higher payments for sickness and redundancy. Another issue she needed to carefully consider was the traditional nature of pay increments where some industries had as many as 20 automatic increments for white-collar employees from age 21 to 55. The outcome was that blue-collar employees receive a minimum of a total of 7 weeks and 2 days pay for 4 weeks leave. Sickness payments were also more generous for the employees in that minimum entitlement for all employees is one month, mostly paid by the employer, followed by the state sickness benefit, that pays around 60% of former earnings, although this figure is capped. From 1999, the statutory working week was reduced to 39 hours without loss of pay. Considerably fewer employees had company cars, however, which relieved Sarah of a potential headache in terms of allocation and expensing. She was relieved that payment for managers and senior technologists remained outside of the scope of such agreements. Also in her plan was the establishment of the Works Council, which was obligatory where there was more than 100 employees. The internationalisation of business has had some unsavoury consequences such as exploitation and practitioners should be aware of their ethical and social responsibilities. The information contained in this publication was compiled by the Houston Rockets and is provided as a courtesy to our fans and the press and may be used only for personal or editorial purposes. Any commercial use of this information is prohibited without the prior written consent of the Houston Rockets. G 6-5 F 6-9 G 5-9 C 6-10 G 6-3 G 6-5 F 6-6 G 6-5 F 6-7 G 6-3 G/F 6-5 F 6-4 G 6-5 F 6-5 G 6-4 F/C 6-10 Wt. Tucker Brodric Thomas Christian Wood 3 Rockets Directory Directory Executive Owner. Rafael Stone Executive Vice President of Basketball Operations & Assistant General Manager. John Lucas, Jeff Hornacek, Will Weaver, Rick Higgins, DeSagana Diop Senior Vice President of Basketball Operations. Antwan Floyd, Motoki Fujii, Daniel Hartfield, Jeremy Hassler, Chuck Hayes, Dylan Jones. Robbie Keck, Ed Kupfer, Scott Kneller, Fan-Hal Koung, Anthony Nila, Jim Paulis, Ed Pinckney. Adrian Chavarria Corporate Development Senior Director, Corporate Partner Services.