I'm sitting for law paper in few hours time and I have not totally engage into it. I can't sit still reading my notes. I just can't.
What I have in mind was how am I going spent my 2 mths holidays with start on the 17 Feb.
I want to carefree now.
Alright people, please ignored this, I'm just typing what I could remember for LAW.
_____________________________________________________________________ Economic Loss
- court held no duty owned to plaintiff who suffered loss due to the defects in economic loss. Economic loss is define as loss suffered from plaintiff due to the damage in to building without suffering injury to himself or damage to his property.
-this can be proved by Weller v Foot and Mouth Disease Research in Inst.
Where court is reluctant to award compensation for economic loss because of been afraid of excessive liability.
-Economic Loss in building means that the defects occur from the very beginning of construction and plaintiff did not suffered injury or damage to his property. Plaintiff only suffered an reduction on the value of his building due to the defect.
-upon who can the plaintiff sue, it all depend on the contractual relationship. the plaintiff may sue the developer, developer can sure the architect/builders/consultant. The plaintiff will only success if he suffered injury or damage in his property, otherwise the plaintiff will not be entitled to any compensation. So long it pure economic loss, no compensation will be awarded.
However, if there no contractual relationship exit, then the plaintiff may sue under tort. When the plaintiff sue under tort, developer will never get involved. Then again, plaintiff will not be compensated if he only suffered pure economic loss.
-For English Law, the court will not award compensation damages to subsequent owner for building defects caused by negligent construction/design. This can be proved with
D&F Estate v Church Commissioners for England. House of Lord held that, builders' liability is limited to :
-Injury suffered by plaintiff
-damage to plaintiff's property
Damage to property itself = pure economic loss, hence no compensation.
-For Singapore law, is different. It difference in, plaintiff can sue for compensation due to defect at common area under economic loss. The court will consider 2 factors before awarding compensation.
First the sufficient proximity between the plaintiff and defendant on is it foreseeable that the defendant's negligent will lead to damaged to plaintiff.
Second, the public consideration where how much the plaintiff have to depend on the defendant to take reasonable care in exercising his duty.
-"Ocean Front" Case
Managing Corporation sue the developer for economic loss due to defect in common area. Those defects are:
Faulty construction in concrete carpark celling which led to spalling.
Faulty construction in corridor which led to water pounding in lift lobbies.
The court held that MC can claim compensation from the developer due economic loss in common area.
The reason for this judgment are, the proximity relation between the MC and developer, it foreseeable that developers' negligent in constructing common area will result in repair work to be done by MC. In order for MC to carry out their obligations in maintaining the common area, the MC will have to relay on the developer to take reasonable care in building the condo.
- "Eastern Lagoon" case
Mc sue design consultant for economic loss instead of developer who has gone out of business for pure economic loss due to:
Bricks and tiles are falling apart from wall of a tower block because of faulty design.
The court held that MC was able to claim compensation from the design consultant due to economic loss.
The reason for this judgement was because, there is sufficient proximity relationship between the MC and design consultant that it is foreseeable for the design consultant to realise that the building will be taken over by the MC in maintaining the common area. Therefore, the MC have to relay on the design consultant to take reasonable care in designing the building.
- Implication of these 2 case were similar and to determine how far-reaching can the duty and responsibilities owned by parties within construction industry to their clients.
The court have decided that, anyone in construction industry have owned a duty of care to MC.
- Purpose: to set the terms and conditions for employment and to enforce the rights and obligation that the employer and employee have.
-All workman is covered under the act expect:
1. seaman
2.Domestic worker
3. Statuary Board and govt. employee
4. Person holding managerial & executive position.
- for NON-WORKMEN earning below $2000 is covered for all provision
-for NON-WORKMEN earning above $2000 is not covered in PART IV
-for WORKMEN earning below $4500 is covered for all provision.
-for WORKMEN earning above $4500 is not covered in PART IV
-for manager and executive who is earning below $2500 is covered only against non- payment act.
-WORKMEN is define as:
1.Skilled or unskilled manual labour including craft man and apprentice.
2.Person who holds no influence/power in operation or maintaining mechanically propelled vehicles.
3. Supervisor who is partly a manual worker who spent more then 1/2 his time doing manual work.
4. Person listed on First Schedule (Bus conductor)
-Contract of Service:
one part agree to employ another as employee and another party agree to serve as employee of that person. It can be any form of agreement, oral, written, implied, express.
-situation of unfavourable situation:
If the terms and condition in the contract is less favourable then the act, the contact will be void.
The act will take precedence over the unfavourable contractual term.
-termination of contact:
It can be terminated it , if the contact have expired or completed.
-notice for termination of service:
If it not stated in the contract, the act will applies.
less then 26 weeks notices of 1 day
more then 26 weeks to less then 2 years notices of 1 week
more then 2 years to less then 5 years notices of 2 weeks
more then 5 years notice of 4 weeks.
-situation where no termination of notice is needed:
1.the party who wish to terminate the contact is willing/have to pay the another party a sum of money in place of the notice.
2.an wilful event breach
3.misconduct of employee
4.he/his dependant is immediately threaten by danger with violence/diseases.
5.agreed both parties who agree to cancel the notice of termination at any time.
-breach of contract:
1.employer fail to pay salary to his employee.
2.employee is absent from work more then 2 days continuously without
-prior leave
-reasonable reason
-without explaining/attempt to explaining the reason for been absent.
the party who breaks the contact will have to pay the another party the salary in place of notice
-misconduct:
1. the employer will have to held an investigation into the misconduct
2. if found guilty, the employee maybe:
-dismiss
-downgrade
-suspended for a period of time, without been paid.
3.employee find that his dismiss without unfair, he may within that 1 mth of dismissal to make representation by writing to MOM to get back his formal position.
4.the commissioners will held another inquiry.
5.Found his dismissal unfair, he may claim compensation or return to formal position.
-payment of salary:
all rewards including allowances payable to employee in respect of work done under contract service. But the payment of salary does not include:
1. accommodation of house/supply of light
2.transportation expenses
3.CPF
4.expensive expenses in course of duty
5.gratuity payable to retirement/discharge
6.retrenchment benefits
-Singapore terms, no minimum wages as long as both parties agreed on the agreement.
-frequency of payment:
Shall not exceed 7 days after the end period of salary
For OT, shall not exceed 14 days after the last days of salary period.
-rest day:
employee is entitled to 1 rest day per week.
longest possible interval for 2 rest days is 12 days.
rest day = not paid
-rate of payment during rest day
1. at employer request:
1 day pay- employee worked less then 1/2 the normal working hour
2 day pay- employee worked more then 1/2 the normal working hour
2. at employee request:
1/2 day pay - employee work less then 1/2 the normal working hours
1 day pay - employee work more then 1/2 the normal working hours.
-hours of work:
1.the period of time which employee is expected to carry out his duty given to him by his employer.
2.not more the 44hrs per week
3.for 5 days work, not more then 9 hours per day
4.in the agreement, if both party agreed that the employee will work less then 44 hrs per week, then for the alternate week, the employee may exceed 44 hrs for that week.
-overtime
calculation of Overtime per day:
12x ave monthly earning
--------------------------
52 x no. of hour work per week
then ans x 1.5
-annual leave entitlement
1.employee is entitled to annual leaves as long as he work for at least 3 mth.
2.calculation of annual leaves
no.mth
------- x the number of year
12
3. year 1 7 days of annual leave
year 2 8 days of annual leave
year 3 9 days of annual leave
year 4 10 days of annual leave
year 5 11 days of annual leave
year 6 12 days of annual leave
year 7 13 days of annual leave
year 8 14 days of annual leave
-forfeiting of annual leave apply if the employee had absent himself from work without permission/reasonable excuse for more then 20% of his working days in the month/year.
-sick leave apply to all employee who work at least 3 mths, MC is certified by company doc or govt doc and must inform his absence within 48 hrs.
3 mth to 4 mth 5 days MC 15 days hospitalisation leave
4 mth to 5 mth 8 days MC 30 days hospitalisation leave
5mth to 6 mth 11 days MC 45 days hospitalisation leave
above 6 mth 14 day MC 60 days hospitalisation leave
-contractors and contracting service
if the sub contractor went missing, the main contractor will only pay the worker for 1 mth salary only. other then that, the worker will have to write in to MOM.
------------------------------------------------------------------------------------------------- Work Injury Compensation Act
-purpose, to to ensure there is a sure, prompt and reasonable income and compensation to the injured victim or his dependents.
-all employee can claim compensation.
for fatal accident, the deceased of the employee may claim.
-employer is liable for injury compensation except:
1. the employee is under influence of alcohol or non prescribed drug
2. due to deliberate self - induced injury.
-medical expenses
all mediacal expenses up to $25,000 will be covered by the company or the insurer
-temporary incapacity is injuries that incapacity employee from performing normal duties for a limited durations.
paid medical fee up to 1 year.
for non hospitalise case:
1. first 14 days - full wages
2beyond that - 2/3 of wages
for hospitalise case
1.first 60 days - full wages
2.beyond that - 2/3 of wages
-permanent incapacity is injuries that incapacity employee from doing all work which he was capable of doing it before the accident happened. Therefore, it reduce permanently the earning capacity of the workman in every employment.
-calculation for permanent incapacity (total)
Ave monthly pay x multiplying factor
max. $180,000
min. $ 60,000
If the doc state that, the worker need a constant help of another person, then he will be entitled to another 25% of the amount awarded for the total permanent incapacity.
- calculation for permanent incapacity (partial)
% incapacity x ave monthly pay x multiplying factor
or
% incapacity x $180,000
-calculation of death benefit
ave monthly pay x multiplying factor
max. $140,000
min $ 47,000
-occupational diseases:
worker can claim if he contacted any diseases during his employment or within 1 year after he leave the employment. If he found contacted diseases such as silicosis and asbestosis, the workman can claim after 36mths he leaves the employer.
-procedure in reporting
1. the employer will have to report within 10 days on where the accident result in death of employee.
2. the employer will have to report within 10 days on where the accident result in any incapacity that caused the employee unfit for work more the 3 days or is admitted for more then 24 hrs for treatment/observations.
-procedure in claiming compensation
1. reporting an accident
2.filing a work injury compensation claim
3.undergoing medical check up
4.assessing compensation payable
5.making an election to claim WICA
6.resolving dispute.
-worker fund regulation
purpose:
1.to finance rehabilitation shemes for injured workers
2.to finance industrial safety and health among worker
3.to finance project on advancement for worker
4.to help worker who are unable to secure his compensation and is in financial difficulties
5.to help worker who compensation is taking too long to settled and is in financial difficulties.
Source:
1.interest on late payment of compensation
2.death benefit compensation to deceased who have no independent
3.donations and gift to fund.
-claiming under common law
advantage: higher compensation
disadvantage: cost for preparing for a court is expensive and time consuming
sound evidence of employer's negligence is needed
include of risk that will lose and receive small amount of compensation
<5th feb