Conflict of laws Essay Example | Topics and Well Written Essays - 2500 words

Conflict of laws - Essay Example It is apparent that in the event the employer is based in Paris, France, and the business conducted from France, the French courts have jurisdiction in this case. Thus it would not be possible to suggest English courts in this case, and this has to be settled, either with French, or EU laws. (Etgen Reitz 2006, p.90). 1. The part that deals with the claim of Jones, the ex- marketing employee of LSEL in UK who is seeking commission and compensation in lieu of notice of termination of his services. The main aspect is whether English or EU laws could be applied in this case. 2. The second part would deal with whether Reilly could have a substantive claim for alleged defective computer console which the company is not willing to settle, claiming that the fault lay with the installer and not the product. Whether English law would be able to be used in this case. constraints. It is indeed to the benefit of employers that French state agencies have the powers to intercede in, and even authorize dismissals should it so warrant. However, it is also seen that it is not difficult for any employee to initiate a lawsuit against his ex employers under labour courts. Labour Relations Courts (Conseils de Prudhommes) are generally made up of lay judges who are elected from the ranks of employer/employee organisations. It is rare that the plaintiff be other than an employee and just as rare that claims be dismissed with no award whatsoever being made against the employer.† In this case, English laws may not apply, since his employment is held by French Company registered and controlled in France. However, it may be necessary to consider the European Laws on employment which could possibly impinge upon this contract. Notice period: By far, the most important aspect of any existing employment is that of either the employer or the employee serving notice before leaving the employment. Under French law, it is one month’s notice