Lana submitted a letter to the General Director of PH Limited stating hat her conflict with her supervisor Is extremely serious and she could not face him at work; and thus requested to be transferred to other Dillon of the company. While waiting for response of the General Director, Ms. Lana took 10 days off without 25 August 2013, Ms. Lana returned to the office after receiving a request to attend a disciplinary meeting. The meeting was participated by all participants required by the law. After the meeting, Ms. Lana received a layoff decision for reasons of breach of working discipline of the company.
Ms. Lana disagreed with decision of the Company. Dispute between the parties arise.
Discuss the following issues:
(a) Does the above mentioned dispute is labor dispute? Why?
(b) The dispute shall be settled by which institution or organization pursuant to the labor law? Why?
Ms. Hung, a 17 years old lady decided that she wanted a smaller turned-up nose. She called the best plastic surgeon in town, Dry. Long, and made an appointment to have the procedure done on her 18th birthday. Two weeks prior to the day of the operation, she went to Dry. Long office for the preoperative visit. Ms.
Hung was given some papers to sign. One of the documents was entitled “Consent and Release of All Claims. ” Among other things, the document states that plastic surgery is a difficult process and that the patient’s satisfaction is not guaranteed; and patient shall irrevocably releases Dry. Long from any claims for his failure to achieve the appearance desired by patient and medical malpractice. ” Ms. Hung signed the document, without reading it carefully, and paid the doctor’s VEND 17,500,000 fee for the operation. 2 She had the operation. However, Ms. Hung has not gotten the cute turned up nose that she had hoped for.
Ms. Hung demands her money back and Dry. Long refuses to refund it citing the language of the “Consent and Release of All Claims” that Ms. Hung signed.
In the inevitable lawsuit that will follow, who will prevail and why?
Discuss. You should include the following in your discussion.