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21644 Law And Ethics For Managers

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21644 Law And Ethics For Managers

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21644 Law And Ethics For Managers

1 Download5 Pages / 1,162 Words

Course Code: 21644
University: University Of Technology Sydney

MyAssignmentHelp.com is not sponsored or endorsed by this college or university

Country: Australia

Question:

You wish to set up and operate a business in your chosen sector – sport, tourism, events or creative enterprise. You have a meeting arranged with your lawyer in two weeks. She is very expensive so you wish to make the most of the meeting. The lawyer has asked you to provide some information in advance so that she can be ready to advise you during the meeting.Your task is to prepare a written briefing document that clearly answers her questionsHer email asks the following:
1. Please provide a brief description of the nature of your business.
2. What legal structure do you propose for the business and why?
3. Will you need me to draft any contracts? Please name the parties involved in each contract and their key responsibilities/obligations.
4. Do you have any other legal questions, for example, regarding licensing requirements or potential liability? Why do you think these issues could be important for the operation of your business?

Answer:

1. Marrickville health physiotherapy is the name of the new business intended to launch in the next few months. Having the business operating under the legal terms of the state is the major concern for any starting business. The business has been motivated by helping give the clients a healthy lifestyle. The proposed business location is Parramatta and operating for economic gains. These profits are targeted from profits attained after selling the health products and the other form of profit gathered from the charged services offered to the client. The business main financial income will be the services offered to the clients. It has a team already in place which comprises of 2 directors and 3 shareholders, it has 2 full time receptionist who will be operating in shifts but interchangeably, and for the professional service providers in the clinic, the company has already picked 4 physiotherapists but one of the four is not a full-time employee of the company. For the other three physiotherapists there, contract with the company is on full time bases. The main activities of the clinic will be: treatment and rehabilitation of physical injury/complications sustained by a client predominantly through a sporting context but also other accidental cases related to such injuries will be taken care of in the clinic, also the clinic will help in the diagnosis and management of these injuries. These are inclusive of bone breaks or fractures, tendon/ligament damages and rheumatoid arthritis.
The business has a growth plan which aims at adding the number of clinics located around the state, these have been covered under the business future forecasting in the industry.       
2. The preferred business registration so far is under the Proprietary Limited company due to a number of advantages seen covered under the structure. The main reason for this pick is due to a number of reasons the main one being that the company has a separate legal existence, which is totally distinct from the owners, operators and the manager. This structure gives the company the power to enter into contracts, sue and be sued as well as own and dispose property as well as other assets. From the little research carried out this structure was the best pick for the company due to the calculated growth of the company (Bottomley, S., 2016). According the Australian Securities and Investments commission, the company is required to meet specific criteria such as having 2 shareholders. A company under this registration structure also has other advantages attached to it. These includes; the shareholders personal assets are not under any threat in case the company incurs financial debts. Also, the other advantage associated with the structure is that the shareholders and the directors of the company can get employed by the company. This is very beneficial for my company as it grows since it helps reduce the number of expenses that the company would incur while hiring extra employees (McQueen, R., 2016). Getting a much deeper understanding in relation to the different structures will be very productive, hence the much-needed consultation session. 
3. The company needs a number of contracts prepare. The contracts are to bid different operational entities in the company which play a huge role in the success and the daily operation of the company. The contracts are agreement terms between the employees and the employer, the company and the clients, and finally contract between the company and supplies
Employee
This contract stipulates the employment terms between the employee and the employer. The contract captures different company work policies that needs to be followed by the employee as well as other renumerations that affect the employee or the employer. The employment conditions include; superannuation, hours of work, annual leave, holidays, and the job description. Apart from that the contract needs to indicate what may result to a breach of the contract on both ends (Dau-Schmidt, K.G., Finkin, M. and Covington, R., 2016). It also outlines the performance objectives of an employee in their respective job description as well.
Clients
The purpose of the contract is to provide a safe healthy working condition between the company and the client. The contract clearly specifies the need of full discloser of the client’s health records that are protected under the nondisclosure agreement between the client and the company (McQueen, R., 2016). The noon disclosure agreement is included with the client records that guarantees the confidentiality of the client’s personal information. Also, the contract stipulates the terms of carrying out the business with the client such as service cancelation as well as other areas such as payment terms and the durations of payment. This will help protect both the company and the client.
Suppliers
These are the entities of the company that are responsible for the provision of the products used by the company. To ensure that effective relationship between the company and the suppliers is professional, the company needs to engage in a contract agreement renewable after a duration of time. The contract is to capture the nature of products they deliver to the company, the legal prove of the products certification of use for public health purposes, on the other hand the contract also will contain the company’s terms of payment, durations of the pay to avoid breach of contract or the harassment by the suppliers regarding modes of payment (Brekashvili, P et al., 2018). These contracts will aid in the audit of the company expenditures.
4. The final concern is in relation to licensing. In relation to the service offered, the business is likely to have multiple services as well as health related medications. What would be the needed licensing for running the business and what is the clearly laid out approach on how to attain all the legal licenses required by the business to become legally operation in the state. Over the past few months there have been reported cases all over the state of clinics running their operations with illegal license, on behalf of the business I would wish to get my business on the right-side of the law as well as avoiding any legal charges due to such cases (Brekashvili, P et al., 2018). Understanding the employee’s certification legitimacy as well is crucial or a legal procedure to follow in relation to ensuring counterfeit cases are avoided by the clinic. 
References
Brekashvili, P., Darden, T.R., Jayaweera, T. and Loignon, A., (2018, July). Employer-Employee Relationships: New Approaches to LMX and Psychological Contracts Research. In Academy of Management Proceedings (Vol. 2018, No. 1, p. 17061). Briarcliff Manor, NY 10510: Academy of Management.
Bottomley, S., (2016). The constitutional corporation: Rethinking corporate governance. Routledge.
Dau-Schmidt, K.G., Finkin, M. and Covington, R., 2016. Legal protection for the individual employee. West Academic.
McQueen, R., (2016). A Social History of Company Law: Great Britain and the Australian Colonies 1854–1920. Routledge.
Petty, J.W., Titman, S., Keown, A.J., Martin, P., Martin, J.D. and Burrow, M., (2015). Financial management: Principles and applications. Pearson Higher Education AU.

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