Municipal Law – Page 18 – Schenk & Associates

Independent Contractors

by Johannes Schenk / On November 1, 2005 / In Employment Law, Municipal Law

Municipalities and other organizations often use casual workers to meet manpower needs for specific skill sets, equipment, or seasonal work. The question can arise as to whether those workers are independent contractors or more in the nature of true employees.…

Municipal Policy Defence

by Johannes Schenk / On October 30, 2005 / In Municipal Law

Governmental authorities, including muncipalities, have the benefit of a policy defence in the case of negligence actions. The defence has been raised in scenarios including sidewalk and roadway maintenance, downed traffic signs, tree maintenance, facility maintenance, inspection cases, corrections cases,…

Delaware Supreme Court: Anonymous Blogger Stays Anonymous

by Johannes Schenk / On October 12, 2005 / In Municipal Law

The ability to blog anonymously has changed the complexion of open public complaint. Negative broadcast can now reach a large audience and from out of nowhere. Anonymity makes the matter all the harder to deal with. On the other hand,…

Arbitrators: Concurrent or Exclusive Jurisdiction on Human Rights Complaints

by Johannes Schenk / On September 25, 2005 / In Human Rights Law, Labour Law, Municipal Law

A human rights issue arises in a unionized workplace. The parties find themselves in front of an arbitrator and at the same time papers are, or have been, filed with a corresponding human rights body. Alternatively, relief is sought in…

Top