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Summative written assignment Tutor name 14 March 2012 Summative written assignment Introduction Law is a laid down set of rules and regulations in a jurisdiction that governs the conduct of people. It outlines guidelines on which actions are defined as either legally right or wrong and provides for penalties for legal wrongs…
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Summative Written Assignment
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Download file to see previous pages The paper will explore the legal principles involved in the case with the aim of offering a legal advice to the employee. Facts of the case Mathew, an employee of pharmaceutical company, Medx ltd, was recently involved in an accident. He has worked as a warehouse operative for the pharmaceutical company for over 20 years. The company deals in and store heavy boxes containing its goods. Based on the scope of its operations, the company’s policy is that its employees are supposed to wear protective helmets while on duty. In December 2011, Mathew who was in good health and had never been involved in an accident leading to any injury was involved in an accident while on duty at the pharmaceutical company. A heavy box from an overhead wooden pallet rack fell and hit him to unconsciousness. He sustained several injuries including bruises on his face, a cut on his head, which left a permanent scar, dislocation of his right shoulder, and injuries to his leg. Mathew has been forced out of work for four months and medical report indicates that he may not be able to work for another six months. He also suffers continuous headache. He has a family with a running mortgage to finance. Legal issue Obligations under law of contract One of the essential legal elements in the case is the existence of a legal relationship between Mathew and MedX as defined by his employment contract. His relationship with MedX Ltd falls within the scope of an employment contract. Pozgar and Santucci defines an employment contract as an “agreement between an employee and an employer” in which special terms such as remuneration, the scope of work and working hours are defined (Pozgar and Santucci, 2009, p. 61). The agreement is therefore regulated by the law of contract under contract of service (Pozgar and Santucci, 2009, p. 61). A contract is an agreement, between parties, that legally enforces their rights and obligations. When parties enter into a contract, they expressly create conditions and warranties that regulate their relationship by laying down responsibilities and obligation of each party. Essential elements of a valid contract as defined through agreement, consideration, and intention to create legal obligations further binds parties to a contract to implied conditions in their trade. Contracts are therefore subject to legislations such as labour law statutes (Goldman and Sigismond, 2010, p. 123). Employee’s safety at workplace Implied conditions in contracts of service impose a responsibility on employers to ensure safety of their employees while at the work place. The occupational safety and health act is an example of such legislations that aims at ensuring welfare of employees. One of the provisions of the act is that an employer has the duty to minimize and possibly mitigate any health hazard within the work place. These threats can either be biological leading to illnesses or physical, leading to injuries. Failure to take necessary measures makes an employer liable to his or her employee for any injury or sickness suffered because of conditions at the work place. The act , with this respect, empowers government agencies to facilitate its implementation as was observed in the case of Donovan v Dewey, 452 U.S 594, 101 s. Cr 2534 (1981) (Ullmann, 2004, p. 339). Further, employers are charged with the responsibility of not only ensuring safety of their ...Download file to see next pagesRead More
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