Employment Law--- case study on Whitakers Fine Wines Limited - Essay Example

Furthermore, the Employment Relations Act (section 44) stipulates that a worker retains the right not to be subjected to detriment as a result of an employer’s action or inaction. In the case of Adam, the company acted in a manner that may have posed risk to Adam by subjecting him to overwork that resulted in his state of anxiety and depression. Furthermore, the company failed to act appropriately by not providing an adequate solution to Adam’s problem, which he articulated well in time. One major cause of injury at the workplace relates to negligence as exemplified in Donoghue Vs Stevenson [1932] and Caparo Vs Dickman [1990] (Feinman, 2010).

In this case, negligence seems to have been on the part of the company as it failed to take appropriate measures to avoid risking Adam’s life. Adam seems not to have acted in negligence as he seems to have taken his duties seriously. Apparently, express terms of the engagement did not contain any obligation on Adam’s part to take care for the role of the sick manager, leading to a breach of his employment rights. As observed in Garrod v. North Devon NHS Primary Care Trust 2006, passing on the responsibility of the absent employee amounts to breach of employment regulations (Personnel Today 2006, para.4). Additionally, the deliberation on the liability of the employer will illustrate the breach of implied terms, where only the employee seems to comply.

Whereas his acceptance to serve in the role of the sick employee was voluntary, the management acted in negligence of the agreement that previously relied on the premise that the leave would take short (Cabrelli 2007, p195). Signs of negligence from the director and human resources officials emerge from the facts given in the case, which can directly relate to the psychological pressure manifested in form of anxiety and depression. According to the employment