NMIMS DEC 2021 BUSINESS LAW

07 Sep

BUSINESS LAW

1. Explain Lien under Contract Act, 1872 and Sale of Goods Act, 1930 along with respective examples.

2. Please give two (2) judgments/orders where the National Green Tribunal has enforced rights or passed directions relating to protection of environment.

3. Jane Doe is a software developer who is employed at a small boutique software application company. As part of her role, she is usually deployed at client sites for period ranging from 2 months to 1 year. Currently, her assignment involves working with a large conglomerate having interests in FMCG, Technology, Automobiles etc., who is the client of the company she is employed with. Therefore, she performs her job at the client site (i.e. the conglomerate company).

She has been working there for the past 6 months and her performance has been good but in the last 2 months she has found that few of the employees of the conglomerate company have during discussions have been hostile and offensive. She has been made to sit in office late despite of completing her job and she filling her time sheet. In fact on numerous occasions she has been yelled at. Further, the discussions during the meetings have veered and are covered with innuendos, which she felt unwelcome to be part of. In fact few of the employees had insisted on taking her out for a private dinner which she declined and thereafter her performance has been rated ‘below average’. Hence, she reported this to her employer who has brushed aside her concerns stating that the issue does not concern employees of the software application company in which she is employed and that this may be an excuse for her ‘below performance’ rating.

In light of the above circumstance, she has approached you for an advise on the following:

a. Does the facts and the actions described above constitute harassment? If yes under which law?

b. To whom can this harassment be reported and how should such reporting of harassment be dealt with?

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