BREXSON P.

ARCO SPI101 ASSIGNMENT 2

SBIT3Ñ APRIL 20, 2021

1. Define Misrepresentation
A misrepresentation is a false statement of a material fact made by one party which affects the
other party's decision in agreeing to a contract. If the misrepresentation is discovered, the
contract can be declared void and, depending on the situation, the adversely impacted party
may seek damages.

Misrepresentation Definition (investopedia.com)

2. Types of Misrepresentation
Innocent misrepresentation is a false statement of material fact by the defendant, who was
unaware at the time of contract signing that the statement was untrue. The remedy in this
situation is usually rescission or cancellation of the contract.

Negligent misrepresentation this type of misrepresentation is a statement that the defendant

did not attempt to verify was true before executing a contract. This is a violation of the concept
of "reasonable care" that a party must undertake before entering an agreement.

Fraudulent misrepresentation is a statement that the defendant made knowing it was false or
that the defendant made recklessly to induce the other party to enter a contract. The injured
party can seek to void the contract and to recover damages from the defendant.

Misrepresentation Definition (investopedia.com)

3. Define Lying
Lying - marked by or containing untrue statements: FALSE

Lying | Definition of Lying by Merriam-Webster

4. Types of Lying

Error—a lie by mistake. The person believes they are being truthful, but what they are saying is
not true.

Omission – leaving out relevant information. Easier and least risky. It doesn’t involve inventing
any stories. It is passive deception and less guilt is involved.

Restructuring—distorting the context. Saying something in sarcasm, changing the characters, or

the altering the scene.

Denial—refusing to acknowledge a truth. The extent of denial can be quite large—they may be
lying only to you just this one time or they may be lying to themselves.

Minimization—reducing the effects of a mistake, a fault, or a judgment call.

Exaggeration—representing as greater, better, more experienced, more successful.

 Fabrication—deliberately inventing a false story.

Know When Someone is Lying: 7 Types of Lies (quickbase.com)

5. Business Practices Involving Misrepresentation and Lying Classified

● Direct misrepresentation
● Indirect misrepresentation
6. Describe Strike Action
Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage, caused
by the mass refusal of employees to work. A strike usually takes place in response to employee
grievances.

Strike action - Wikipedia

7. What are the basic rights of the employee with regards to article bill
8. Types of Strikes
Economic Strike:
Under this type of strike, labors stop their work to enforce their economic demands such as
wages and bonus. In these kinds of strikes, workers ask for increase in wages, allowances like
traveling allowance, house rent allowance, dearness allowance, bonus and other facilities such
as increase in privilege leave and casual leave.

Sympathetic Strike:
When workers of one unit or industry go on strike in sympathy with workers of another unit or
industry who are already on strike, it is called a sympathetic strike. The members of other
unions involve themselves in a strike to support or express their sympathy with the members of
unions who are on strike in other undertakings. The workers of sugar industry may go on strike
in sympathy with their fellow workers of the textile industry who may already be on strike.

General Strike:
It means a strike by members of all or most of the unions in a region or an industry. It may be a
strike of all the workers in a particular region of industry to force demands common to all the
workers. These strikes are usually intended to create political pressure on the ruling
government, rather than on any one employer. It may also be an extension of the sympathetic
strike to express generalized protest by the workers.

Sit down Strike:

In this case, workers do not absent themselves from their place of work when they are on strike.
They keep control over production facilities. But do not work. Such a strike is also known as 'pen
down' or 'tool down' strike. Workers show up to their place of employment, but they refuse to
work. They also refuse to leave, which makes it very difficult for employer to defy the union and
take the workers' places. In June 1998, all the Municipal Corporation employees in Punjab
observed a pen down strike to protest against the non-acceptance of their demands by the state
government.

Slow Down Strike:

Go-slow is yet another form of industrial protest in which workmen do not stop the work but
deliberately slow-down the process of production in order to cause loss of production to the
employer.
 Hunger strike:
in this form of industrial protest, workmen resort to fasting near the workplace in order to
demand the employer to redress their grievances.

Wild cat strikes:

These strikes are conducted by workers or employees without the authority and consent of
unions. In 2004, a significant number of advocated went on wildcat strike at the City Civil Court
premises in Bangalore. They were protesting against some remarks allegedly made against them
by an Assistant Commissioner.

All-out strike:
A strike that embraces all workers involved in a dispute and that will continue for ‘as long as it
takes’ to secure a settlement. All-out strikes can be contrasted with selective strikes that involve
only a proportion of the workforce and protest strikes that may last for only a day or two.

Strikes ( Factory or Industry) l Definition of Strike l Types of Strike - Legal provision of strike -
What is Human Resource? (Defined) Human Resource Management Topics - Labour Laws - High
Courts & Supreme Court Citation - Case Laws

9. What is Whistle-Blowing
Whistleblowing is the term used when a person passes on information concerning wrongdoing,
such as corruption, sexual harassment... This can be referred to as "blowing the whistle",
"making a disclosure", "making a whistleblowing report", or otherwise. The person is usually
closely associated with the organisation, often an employee, but also sometimes a supplier or a
customer.

What Is Whistleblowing? - Employment and HR - Worldwide (mondaq.com)

10. Types of Whistle-Blowing
Internal whistleblowers are those who report the misconduct, fraud, or indiscipline to senior
officers of the organisation such as Head Human Resource or CEO

External whistleblowing is a term used when whistleblowers report the wrongdoings to people
outside the organisation such as the media, higher government officials, or police.

What is Whistleblower? Definition of Whistleblower, Whistleblower Meaning - The Economic

Times (indiatimes.com)
11. Best way to blow whistle
 Make sure you have a valid case
 Make sure you're reporting the right kind of concerns
 Check the approved channels
 Remember you're a witness, not an investigator
 Escalate your concerns to others if needed
 Remember that the law is designed to protect you
 Consider the moral & financial implications

7 Things to Consider Before You Blow the Whistle (skillcast.com)

12. Arguments against Whistle Blower Protection
13. Benefits and Danger of Company Whistle Blower Policy
Whistleblowing benefits: What the Human Resource Manager might say:
Sometimes reports come in through the whistleblowing system, about something that is wrong
in the organisation in the eyes of the whistleblower. But it may not really be a whistleblowing
case. However, it is clearly something that is important to the sender of the report, something
they are very unhappy about, or uncertain about, like an ethical dilemma, and they do not know
where to turn.

Whistleblowing benefits: What the employee might say:

I am so relieved that my company has a secure whistleblowing service. I mean, sometimes I see
things going on, but I'm not sure they are "wrong". When the whistleblowing system was
introduced we all received training in how to use it. At the same time we had to re-read our
company code of conduct, and go through training on anti-corruption and other misconduct. It
was good to understand how it all fits together and I also felt really proud that the company I
work for has zero tolerance for unethical behaviour.

Whistleblowing benefits – What an investor might say

I want my investments to be protected. And I want to know that I invest in companies with high
business ethics. If there is fraud going on inside the organisation, then I want it to be stopped
before the financial losses impact a wider group of people than necessary. If somebody is being
bullied or discriminated against, they have to be given a voice. I am happy that the board
understands how the organisation can become more transparent to us as investors thanks to
the whistleblowing system.

Whistleblowing benefits – What a Managing Director/CEO might say

Whistleblowing for me is another tool for minimising risks. No management team wants a crisis
on their hands. As the Managing Director, I have to do everything I can to reduce the kind of
crises and resulting risks that are caused by my own employees, on behalf of all my
stakeholders. Our whistleblowing system is very important for that. When we receive an early
warning tip from a whistleblower, there's a much greater chance we can address it internally, or
with expert help, and limit reputational damage considerably.

Whistleblowing benefits – What a member of the Board might say:

Whistleblowing helps us as members of the board with our top priorities: ensuring transparency
and good governance. At the end of the day it's our responsibility to ensure that the
management team creates an environment, a structure and a culture that reduces risk and
enhances transparency. Whistleblowing is an effective tool in that regard.

Whistleblowing benefits – What a supplier might say:

When we were given access to our customer's whistleblowing system, I was impressed. I know
that corporate social responsibility is really important to them and that they only want to work
with companies that share their values. Their openness to whistleblowing really underlined that
they wanted to hear about unacceptable conduct throughout their entire supply chain. I wasn't
really sure what I would need to look for, but they gave me some training on typical signs that
indicate fraud might be at play. I'm proud to be part of an ecosystem does not tolerate
 misconduct. As a bonus, I have been able to apply what I've learnt to other customers – and
point them to more structured ways to work with whistleblowing.

Whistleblowing benefits – What a customer might say:

I really wasn't very favourable to whistleblowing before I knew more about how it can
be handled professionally. So I was sceptical when I was offered access to the reporting part of
my supplier's whistleblowing service. Their compliance officer explained to me that they took
they corporate ethics seriously, both inside and outside the organisation. For example, my
supplier has zero-tolerance for bribery, but of course they wouldn't be aware of their own
salespeople being guilty of it, say for winning new business, unless we as customers told them.
They shared their code of conduct with me, and now I have a link to their system if ever I
suspect behaviour that I think goes against their code. It's admirable. A supplier that has the
confidence to invite customers to report concerns through their whistleblowing system feels like
a transparent company to work with.

How Whistleblowing Benefits Your Organisation - Employment and HR - Worldwide

(mondaq.com)

14. Components of Whistle Blower Policy

1. Receive the complaint
2. Acknowledge the complaint
3. Investigate the complaint
4. Resolve the complaint
5. Report the resolution of the complaint
6. Retain necessary documentation

Components of Whistle Blowing Policy Free Essay Example (studymoose.com)