Supercool Advising the Partnership on Their Chances of Successfully Defending Claims from John - Essay Example

Brief 2 A report to Supercool advising the partnership on their chances of successfully defending claims from John in connection with the bar furniture On the 15th of November, 2008, the partnership agreed with John, the manager of Inky Town F.C. to manufacture 5000 bottles of premium lager commemorating the club’s 100 years in the football league. Under the terms of the contract Supercool would provide a large glass show case for six months, which would be both stocked and maintained by employees of Supercool in Inky’s bar located at the football ground. The contract also contained a clause that Supercool would not be liable for any loss or damage caused during stocking or maintenance of the show case by the staff of Supercool. John is now demanding compensation for damage caused to the bar area, and Supercool have referred John to the clause in the contract. Whenever there is a disagreement or dispute between members of a society, or between organisations the matter would have to be resolved by applying the law, through the courts. There are different types of laws such as the constitution law and the common law. In many cases judges will use previous cases to help solve a current case. This process is called precedents, which means to follow the decision of other judges in similar cases to solve their case. Within the law there are three types of common classifications of law, (1) criminal law and civil law, (2) substantive law and procedural law, and (3) public law and private law. This classification of law enables the courts system to know which law will be applied to a case based on the category the case falls into. The first function or role of the constitution is to set up a structure of government. The structure is set up for the political units that the government controls, Branches and subdivisions are created in the government. Another function of the constitution law is to make sure that other units of government do not take certain actions or even pass certain laws that may restrict certain rights of the individual. One example would be the passing of the bill of rights (http://www.oppapers.com/topics/Three-Branches-Government/150) Upon analysing the provided scenario further, provided it might be necessary to assume that Johns claim against the company is indeed valid, and that the company is structured in a manner that necessitates compliance with Title VII laws. The minimum requirements for compliance include: engaging in interstate commerce and employing 15 or more employees "for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. The information to follow explains the seven-step civil litigation process for discrimination cases against companies.” (Bennett-Alexander et al., 2003, p. 86) Step one: The plaintiff is expected to file the complaint. By conciliation which means that an attempt is made to come to an agreement about a claim, by means of dialogue, without having to resort to litigation. If the John decides to follows this route, he would have 300 days from the date of the incident in which he can file his claim. Step two: notice is served to the company. Within 10 days of the claim, the company will be formally notified of the claims and charges. “At this time, the company is also informed of the anti-retaliation provisions which make it illegal to mistreat an individual If the John wins the case, the company may be liable to provide him, if applicable, with: back pay, front pay, retroactive seniority, make-whole relief, compensatory damages, punitive damages, injunctive relief, and/or attorney fees. If the company has successfully defended his position with a bona fide occupational qualification (Bennett-Alexander et al., 2003, p. 91) It is also possible for both parties to resolve the situation by mediation. “Mediation is still in its relative infancy in the UK, despite alternative dispute resolution being promulgated by the Woolf Reforms in 1999. More recently, however, there has been renewed emphasis on the method, with the introduction by the Ministry of Justice of a National Mediation Helpline to increase awareness and access to mediation for the general public, and the creation of the Civil Mediation Council” (PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL) A report to supercool advising the partnership on their chances of successfully defending claims from Ethel in connection with the injuries On the 30th of November 2008, Nick, now an employee of Supercool, made a delivery of the special lager to the bar at the football ground, and commenced to clean the glass case before stocking it. Unfortunately he stumbled and fell as he was cleaning the plate glass, causing several panes to break and crash to the ground. Falling glass caused damage to some bar furniture, One piece of broken glass caused a gash to the shin and right foot of Ethel, a member of the bar staff.. Ethel did not seek medical attention immediately, and, a week later the wound became badly infected, causing a permanent restriction of movement in her foot. Ethel is claiming against Supercool for her injuries. The company has denied any liability to Ethel for her injuries on the basis that it was Nick, and not the partnership who caused the injury and that, in any event, her failure to seek medical help immediately, has relieved anyone from legal liability for her injuries. In this scenario, an individual filing an injury complaint against the organization constitutes a seven-step civil litigation process for such a claim. “Throughout the litigation process there are many opportunities for the dispute to be resolved outside of the judicial system which can often save the company a lot of time and money. It has also been said that a companys best defence against discrimination suits is a good offensive plan” (Bennett-Alexander et al., 2003, p. 91) If the company has complied with the law and has in place strong policies that eliminate discriminatory practices, and has enforced them properly, then the company will be able to defend its practices and policies if they get challenged. If the Claimant believes that there is a reasonable chance of bringing a claim against the company, then she would have to notify the company in writing, and the letter of notification has to contain the information listed out below: (a) The identity of the Claimant and any other parties (b) A brief outline of the Claimants grievance against the professional (c) If possible, a general indication of the financial value of the potential claim (PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL) This letter should be addressed to the company, and should ask the company to inform their insurers, if they do have any, at once. The company has to acknowledge that the Claimants letter has been received, within 21 days of the receipt of the notification. Apart from being required to acknowledge, neither party is obligated by protocol to take any further action. The Letter of Claim will normally be an open letter (as opposed to being ‘without prejudice’) and should include the following – (a) The identity of any other parties involved in the dispute or a related dispute. (b) A clear chronological summary (including key dates) of the facts on which the claim is based. Key documents should be identified, copied and enclosed. (c) The allegations against the company. What has the company done wrong? What has the company failed to do? (d) An explanation of how the alleged error has caused the loss claimed. (e) An estimate of the loss suffered by the Claimant and how it is calculated. Supporting documents should be identified, copied and enclosed. If details of the financial loss cannot be supplied, the Claimant should explain why and should state when he will be in a position to provide the details. This information should be sent to the professional as soon as reasonably possible. Also, if the Claimant is seeking some form of non-financial redress, this should be made clear. The Letter of Claim is not intended to have the same formal status as a Statement of Case. If, however, the Letter of Claim differs materially from the Statement of Case in subsequent proceedings, the Court may decide, in its discretion, to impose sanctions. (PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL) In civil disputes and commercial grievances, like this one, both parties are compelled by law to try mediation first, unless there is very good reason mediation cannot be undertaken first. Mediation does involve bravery and both sides have to be frank, sincere, and to want to arrive at workable solutions. References Bennett-Alexander, D. D., & Hartman, L. P. (2003) Employment Law for Business (4th ed.). New York: McGraw-Hill/Irwin. Retrieved November 1, 2005, from University of Phoenix, Resource, MGT/434 Employment law Web site: http://ecampus.phoenix. edu/secure/resource/resource.asp EEOC (2005, November 5). Filing a charge of employment discrimination Retrieved November 5, 2005, from http:// www.eeoc.gov/charge/overview_charge_filing.html Legal Advice for Free. (2005, November 5a) Litigation. Retrieved November 5, 2005, from http://www.legaladviceforfree.com/litigation.html?engine=gog&id=litigation Discrimination. Retrieved November 5, 2005, from http://www.legaladviceforfree.com/discrimination.html?engine=gog&id= discrimination Noe, R., Hollenbeck, J., Gerhart, B., & Wright, P. (2003) Fundamentals of Human Resource Management New York: McGraw-Hill/Irwin. Retrieved October 1, 2005, from University of Phoenix, Resource, MGT/431 Human Resource Management Web site: http://ecampus.phoenix.edu/secure/resource/resource.asp PROFESSIONAL NEGLIGENCE PRE-ACTION PROTOCOL (Retrieved from http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_neg.htm) Read More