Study Legal, Contractual and Staff Management for Horticultural Enterprises
The ability to manage staff is pivotal in any enterprise (commercial or public); and in a society where law is becoming increasingly complex; the modern horticultural manager also needs to have a firm understanding of basic legal practice. This course focuses on building your capacity to manage staff and legal aspects within the horticultural enterprise.
This module can be taken either as a module in one of our other qualifications, or as a stand alone course (Ideal for use as a Professional Development program for persons working in the horticulture industry anywhere in the world).
There are 7 lessons in this course:
- The Law and Horticulture 10 hrs
- Contract Law 10hrs
- Employment Law 10hrs
- PBL Financial Management 20hrs
- Staff Performance Management 10hrs
- Motivating Employees in Horticulture 10 hrs
- PBL Management Case Study 30 hrs
Each lesson culminates in an assignment which is submitted to the school, marked by the school's tutors and returned to you with any relevant suggestions, comments, and if necessary, extra reading.
- Discuss, examine and evaluate legal systems and laws that are relevant to the management of horticultural enterprises.
- Examine, evaluate and debate the elements that comprise the making of valid contracts in the horticulture industry.
- Demonstrate an understanding of the principal areas of employment legislation
- Compare financial management requirements for a series of optional horticultural enterprises in two or more different countries.
- Demonstrate an understanding of the principal areas of performance management & staffing within a business environment.
- Determine and apply an understanding of motivation theory to better manage staff performance within a horticultural business environment
Businesses Operate Under a Legal Framework
Laws vary from one jurisdiction to another. Some laws apply internationally; but many do not; and it is important to understand at least the basics of law, as they relate to the situation; for operations of any horticultural enterprise to be properly managed. Laws govern the production, trade and use of horticultural products, particularly foods, an the management of property (eg. through property ownership and environmental laws).
English law was developed over centuries and consists of 'Common Law', 'Statutory Law' and most recently 'European Union Law’. Many countries throughout the world, including the USA, South Africa, Australia, Canada and New Zealand have adopted and adapted the English system of law.
National law - is the whole of the legal system of a country/nation ie:
- A Constitution - In the USA, the constitution has a constitution and a ‘Bill of Rights’. The UK (a constitutional monarchy) does not have a written constitution but bases its legal system on statute, case law and convention.
- A Court System – England for example, has several layers of courts and two kinds of legal proceedings - criminal and civil. Criminal proceedings involve acts punishable by the state ie. murder. Civil proceedings involve disputes between private parties; individuals, organizations, or companies. The House of Lords is the final court of appeal for both civil and criminal cases.
- Statutory Law – also called legislation is the most common source of new laws and is introduced (after parliamentary debate) through Acts of Parliament in two forms:
Primary Acts of Parliament or Public General Acts – which apply to all jurisdictions and deal with
matters of general public interest or
Subordinate legislation known as Statutory Instruments which may be limited to within a jurisdiction or a geographical area.
Common law (also known as ‘case law’ or civil law) is that part of the law that deals with disputes between individuals or organisations.
Unlike criminal law, common law cases usually (but not always) result in financial compensation rather then custodial sentences. There is much less emphasis on the ‘burden of proof’. A criminal case must be proved ‘beyond reasonable doubt’ whereas a civil case has to be proved on the likelihood that the defendant is guilty ie. the ‘balance of probabilities’.
Common law is made by judges through precedent ie. decisions reached in one case may be applied to all similar cases, but is also made by government (to a lesser extent) through statutory laws.
Laws made through precedent are said to:
- Offer greater flexibility
- Can respond to changes in societal attitudes or public standards.
Areas covered by common/civil law:
Law of contracts
The Law of torts
The Family law
The Law of property
Some disputes covered by common/civil law include:
- Copyright or intellectual property rights
- Workplace rights
- Defamation of character
- Property ownership and rights
- Consumer rights
- Custody disputes
International Law, also known as the Law of Nations, is a set of laws ratified (through the United Nations and other organisations) that is regarded as binding between sovereign states and other nations. States participate at their own discretion to sign or ratify an international treaty. Judicial decisions made by international tribunals and domestic courts are an extremely important element of (and influence) the international law making process.
There are three main sources of International Law
- International conventions and treaties
- Custom and customary usage
- The generally accepted principles of law and equity
International law includes issues relating to:
- Human Rights
- The Law of the Sea
- Treaties on the Rules of Warfare and Weapons
- Criminal Justice
- World health
- Monetary law