Employment and Labor Law - Assignment Example

MEDIA REPORT ANALYSIS NAME [insert] Business Law 100 Date [insert] Areas of law Business law The formation, organization and management of a business like Red Rooster are all governed by the business or corporations’ law. The law ensures that the businesses conform to the state and federal laws, outlines procedures for solving disputes between a business and other businesses and compliance to the international regulations, guidelines and accords. From the case, the management of the company fails to comply with the set regulations on the effective management and ensuring efficiency of business operations. The management has breached the business law of ensuring conformity to the federal regulations of ensuring safety to the end user of its products. Criminal law This law pertains to actions, behaviors and conducts that are prohibited under the criminal code and thus deemed as illegal. In failing to comply with the Red Rooster policy on maintenance constitute a criminal offence. Red Rooster policy requires that the machinery is shut down then taken to a different location for maintenance work to be carried out on it then cleaned thoroughly before it is returned to operation. The maintenance officer failed to comply with the documented policy thus committing a criminal offence. Employment and labor law This particular field of law deals with the legal issues and rights of workers and their employers. The main issues to be dealt with include disputes concerning working hours, wages, and illegal termination, discrimination in the place of work, workplace safety and injury. The company manager is sacked for an action that is he is not directly involved. This dismissal breaches the employment and contract law. Personal injury law This class of law deals with the intentional or unintentional errors that have a negative effect on a person either physically or psychologically. According to this law, the safety of a direct user or the indirect user of particular equipment needs to be ensured. Maintenance of the machinery under the premises accessed by other people poses a great risk to the users of the same facility. The company has failed to ensure safety to the users of the hotel foods. This constitutes a breach of the personal injury law which is an offence under this law. Functions of law Ensures predictability in daily life The Red Rooster policy and contracts ensure that the daily operations of the company are maintained on a daily basis. The policy provides the guidelines under which the maintenance operations are carried out on the hotel. The policy allows the maintenance officer to follow the guidelines while carrying out the regular maintenance on the facility. The policy also enables the maintenance officer to plan and predict the future maintenance activities to be carried out to the equipment. Different employees in the restaurant are engaged under contracts forms of employment. The contracts allow the employees to plan their lives appropriately and can predict what the future holds for them on employment. Encourages and discourages certain conducts The sacking of the manager illustrates how best negligence is not tolerated within the premises of the Red Rooster premises. The manager failed to execute all his duties including ensuring that all employees carried out their functions with utmost responsibility and diligence. By providing a fine for such misconduct is enough evidence to illustrate that such crimes are not tolerated. The fine discourages negligence while it ensures responsibility and accountability on every employee engaged within the premises. Grants rights and powers to individuals and groups of people The policy developed and adopted by Red Rooster allows the owners to layoff and sue the manager in case he fails to execute his duties according to the policies outlined. The manager is sacked for failing to comply with the policies set out and for poor decisions made (Berman 1972, 36). The magistrate has a right to fine the restaurant for failing to comply with the regulations and policies that regulate their operations. The customers have the right to sue the restaurant to in case they fail to ensure their safety or for delivering substandard commodities to the customers. Imposes obligations on individuals or organizations to meet their legal responsibility As a result of legal implications for failure to meet the customer needs and quality standards, the company is obligated to act towards the best interest of the customers or clients. The customers and other users know their rights and also the standards of operation by the company. Failure to meet the standards laid down prompts the customers to take a legal action against the company. The company is then obligated to meet the standard requirement of the clients as well as acting within their policies of operation. Allows for the enforcement of recognized rights and duties As a result of the danger posed to the health of the customer by the metal shaving, the client is capable demanding for compensation. The risk is as a result of negligence on the act of the manager. The client is backed up by the personal injury act that takes care of the wellness of the third party users of the company premises. The clients are in a position to seek better services that are their right by making the company performs its duties and responsibilities more effectively and responsibly. Provides a remedy when an injustice has been done As a result of the termination of the contract and employment engagement of the manager with the company, the employment and labor law provides a remedy for taking a legal action against the company. The manager is sacked for an error not directly committed by him. The termination breaches the employment and law. The law provides a solution to the manager for the dismissal not done right. The dismissal could be used to as a strategy to help revive the dented image of the firm due to the reckless decisions made by the sacked manager (Berman 1972, 46). The fine imposed on the company is an indication of the level of intolerance to negligence. The fine is used to compensate the client on whose health is risked. The legal action taken is in line with the business law which identifies outlines the procedure to be taken in case the business fails to comply with the set guidelines and procedures for the business. The importance of knowledge of the law to different parties Business persons need to be abreast with different laws and regulations concerning the business they operate so as to help overcome the hurdle of ignorance. A business person can seek advice from a different expert so as to ensure that the actions are within the set regulations and standards that are acceptable to all. In sacking the manager for failing to make appropriate decisions for the company, the company acted with the best knowledge of the law and citing negligence on the part of the sacked manager. Negligence is a malpractice that is not tolerated within the professional standards of conduct. The directors of the company used the knowledge of the law to save the reputation of the company. The knowledge of the law was important for the directors and the company lawyer to point out at the mistake of non-compliance from the manager and the maintenance officer (Dowler 2006, 116). The company has adopted policies to be followed in carrying out different functions and activities. The policy also guides the decisions to be made in every action unfolding in the day to day running of the company. The law became an important element for the client who had found metal shaving in the food to use to report the incident. The client had the right to sue the company and seek compensation for the negligence that was carried out by the company management. The knowledge of the law was important to the company lawyer who helped in engaging the legal battle for the sake of the company. The lawyer can use the knowledge of the law to plead guilty to avoid further repercussions to the firm (Dowler 2006, 116). The later consequences could lead the company to incur extra costs and expenses that could otherwise become expensive to the company. The lawyer has as well helped to salvage the situation and image of the firm. The image of the firm is important for future business profits. How the media influence public perceptions about law and law administration. Media refers to a method of communication in which information is spread from one point to the other. The means of passing information usually occur via print, radio, television and internet. The media has a very strong influence on shaping the way people think, and the perceptions people form towards different issues. The media has constantly displayed negative coverage about the law enforcing officers and administrators such as the police (Muller, Emmanuel, and Andrea Zenker 2001, 1510). The negative publicity has led the public to view law and law administrators as being biased and treating people unfairly. The negative publicity has led the public to huge hatred of the officers. The media has from time to time highlighted the internal errors in the policies of the law enforcing departments as well as the tiresome procedures involved in following up a case with the law enforcing bodies (Beale 2006, 20). The highlight of the internal weaknesses by the media has made the public believe the law enforcing bodies to be corrupt, untrustworthy and corrupt. The public usually cite different pieces of evidence for poor law compliance from the officers and administrators. The public pressure usually raises to attention the issues that have not been highlighted by the media. The public pressure brings different issues to the attention of the lawmakers, and the injustices that have not been reported by the media (Beale 2006, 20). Due to the attention brought by the public pressure, the legislators can focus on the issues raised and review of different policies that are inappropriate to the locals. The legislators and judges tend to respond more effectively to the real issues that affect the people. Due to the high public outcry, the legislators shift focus to more urgent and important issues to meet challenges the citizens and locals face. Also, the public outcry helps the legislators to set special tribunals and committees to attend to different issues that the local face. Bibliography Beale, S,S. "The News Media's Influence on Criminal Justice Policy: How Market-Driven News Promotes Punitiveness." William and Mary Law Review 48, no. 2 (2006): 1-86. Berman, Harold Joseph, and William R. Greiner. The nature and functions of law. foundation press, 1972. Dowler, Kenneth. "Media consumption and public attitudes toward crime and justice: The relationship between fear of crime, punitive attitudes, and perceived police effectiveness." Journal of Criminal Justice and Popular Culture 10, no. 2 (2003): 109-126. Muller, Emmanuel, and Andrea Zenker. "Business services as actors of knowledge transformation: the role of KIBS in regional and national innovation systems." Research policy 30, no. 9 (2001): 1501-1516. Read More