1. The legal issues the court will determine is, whether or not Sheldon Cooper was wrongfully dismissed because Office Supplies Inc failed to provide reasonable notice and what kind of damages does Office Supplies Inc owe. b) Failure to provide reasonable notice, is grounds for wrongful dismissal. Therefore, the court has to consider certain criteria, established in Bardal v. Globe & Mail Ltd., [1960] O.W.N. 253 (H.C.J.), to decide whether or not Cooper received enough termination notice. A relevant factor is Cooper’s age; 48 years old. Generally, employees are supposed to receive a greater termination notice the closer they are to 50 years old. Cooper’s position within the company is also a relevant factor in wrongfully dismissal, and for
On the evening of January 5, 1993, Tracie Reeves and Molly Coffman, both twelve years of age and students at West Carroll Middle School, spoke on the telephone and decided to kill their homeroom teacher, Janice Geiger. They agreed that Coffman would bring rat poison to school the following days so that it could be placed in Geiger 's drink. After that , they would steal Geiger 's car and drive to the Smoky Mountains. On the morning of January 6, Coffman placed a packet of rat poison in her purse and board the school bus. Coffman told another student, Christy Hernandez, of the plan and show her the poison. Hernandez went and informed her homeroom teacher, Sherry
The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements
When a certain point is reached regarding a company’s success, a set of different opportunities arise and partnerships may unfold. However, with every possible strategy available, risks and benefits also come into play; without discarding any of them beforehand, every option is a strong candidate until a final decision is made. In this case study we will analyze the current business strategy pertaining
Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s
2. How to ensure that the dismissals are fair and the importance of this to both the employer and employee.
Young argued that the firm had a conflict of interest when it continued to represent other employees of Young’s employer, and when their settlement included a rule barring the firm from suing the employer in the future. Young believed that the firm had waited to pursue her case until its other case was settled. The jury determined that Becker & Poliakoff knew that the case had been dismissed, but withheld that information from Young so they could settle the other case and secure the $2.9 million fee and cost reimbursement in that case. The jury returned a verdict for Young of $394,000 in compensatory damages as a result of Becker & Poliakoff’s breach of fiduciary duty. The total compensatory damages consisted of $144,000 in past lost wages and $250,000 in damages for
NCB is a manufacturer and distributer of a wide range of office products. In Canada, NCB uses several distributers in different regions. One of the major distributers is Harrison Stationary and Office Supply LTD. Harrison had distributed NCB’S products for over 50 years and NCB was the largest supplier of Harrison. In January 2003 Harrison was acquired by the president of the company and four senior officers. Most of the acquisition cost was financed by bank loans. Since the acquisition, Harrison had difficulties to pay NCB for the goods and the account receivable reached to unacceptable level. In September 2005 the Harrison account was 156 days old and amounted to $ 4.4 million. In
Wrongful dismissal law suits arise when the employee feels as if he was not treated fairly and with dignity and respect. (Heathfield, S. M., 2016) In this case, Plaintiff Bilbo Baggins indicates that there is a “Just Cause” to terminate his contract immediately and let him go without notice. Typically, a “Just Cause” is existent when an employee is fired for just cause where he or she has been found to have been dishonest with the employer, such as theft of corporate property or in the participation of a competitor business. (Just Cause Definition, n.d.)
5.smith was not given any notice of his redundancy it may be breach of law, will be further examined.
Above all the employer is expected to act reasonably in dismissing the employee. This principle derived originally from the case British Home Stores v Burchell [1980] ICR 303 which concluded that an employer should base a decision to dismiss on a genuine belief, based on reasonable grounds and following a reasonable investigation that there where grounds to justify dismissal. This is what is known as the range of reasonable response test. (Chris Turner, Unlocking Employment law, 1st edn, Routledge, 2013) 571).This test has been subject to criticism and the reasons are highlighted below.
To critically and comprehensively address this case, it is convincingly important to assess the laws that forbids age discrimination and wrongful termination in workplace. Under the law, age discrimination can involve treating an employee or applicant less favorably because of her or his age. In accordance to the “Age Discrimination in Employment Act, it is unlawful to discriminate an employee on basis their age. The law is categorically clear that an employer not discriminate individuals who are 40 years old and above (Walsh, 2013). It should be noted that the Act provide for protection for the people/workers below 40 years. However, some states in the United States have laws in place that protect young employees against age discrimination. It is unlawful or illegal for employers or any other entity to consider hiring/favoring an older worker over the younger one. This withstands even if both employees are 40 and above. The law strongly prohibits age discrimination in any aspect of employment including firing, hiring, pay, promotions, job assignments, trainings, layoffs, benefits, and any other condition or term of employment.
1. How would you characterize the office supplies industry in 1985? What was the approach of large distributors and wholesalers to the small business segment? Why? Who served large accounts? (10)
The critique team agrees that Staples.com’s competitive advantage in the online marketplace is Staples’ brand name. The analysis team correctly points out that 75% of the market is being served by generic retailers, so that Staples.com can use Staples’ brand name to better reach into that portion of the market. Staples has an established customer network under its brand name from which Staples.com can gain wallet share. Staples.com also has Staples’ customer demand information and consumer feedback databases. The critique team would add that the “click and mortar” can use Staples’ established distribution and customer service systems
Moore v. Midwest Distribution, Inc., 76 Ark. App. 397, 65 S.W. 3d 490 (Ark. Ct. App. 2002)
2. Mean service time = travel time + repair time = 1 + 1.5 = 2.5 hours