Case summary: D and C were employees of an appliance plant. The task assigned to them involved occasional maintenance work while standing on a wire-mesh about 20 feet high from the plant floor. Some of the employees were injured earlier while working. D and C refused to perform their duties out of fear of injury and eventually were fired.
To find: If this case is a case of wrongful discharge.
Case summary: D and C were employees of an appliance plant. The task assigned to them involved occasional maintenance work while standing on a wire-mesh about 20 feet high from the plant floor. Some of the employees were injured earlier while working. D and C refused to perform their duties out of fear of injury and eventually were fired.
To find: What federal law is applicable in the given case.
Case summary: D and C were employees of an appliance plant. The task assigned to them involved occasional maintenance work while standing on a wire-mesh about 20 feet high from the plant floor. Some of the employees were injured earlier while working. D and C refused to perform their duties out of fear of injury and eventually were fired.
To find: The federal agency that can help the parties in loss.
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Chapter 20 Solutions
MindTap Business Law, 1 term (6 months) Printed Access Card for Cross/Miller's The Legal Environment of Business: Text and Cases, 10th (MindTap Course List)
- Joan Leikvold was hired by Valley View Community Hospital as an operating room supervisor in 1972. She did not have a contract for a specific duration, nor was she told that the hospital would not discharge her except for cause. She was provided with a policy manual and told that the policies were to be followed in her employment relationship with the hospital. In 1978, she became the director of nursing. In October 1979, she requested a transfer back to her former position in the operating room. The chief executive officer (CEO) felt that it was inadvisable for someone who had been in a managerial position to take a subordinate position. Leikvold withdrew the transfer request but was subsequently fired. Her personnel record indicated “insubordination” as the reason for discharge. Leikvold was an at-will employee. At-will means that there is a contract made for an indefinite duration and either party, employer or employee, may terminate the contract at any time for any reason, or…arrow_forwardAccording to health and safety at work Act: “It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees”. It States that the duty of care of an employer to his employees was established in the civil courts. In many ways, the provisions of the Health and Safety at Work Act are an attempt to codify this duty as part of the criminal law regulating conditions in the workplace. Bearing this in mind, explain the duties required by the Health and Safety at Work Act?arrow_forwardOn July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000. You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…arrow_forward
- On July 25, 2008, 15-year-old Andrew James was working as a labourer for Interlake Paving in Stony Mountain, Manitoba. Interlake, a small company owned by Gerald Shepell, had been contracted to pave a parking lot. James was standing on the box of a semi-trailer, scooping out asphalt with a shovel. The trailer gate unexpectedly swung open, shaking the truck. James lost his footing and fell into the asphalt in the trailer, which quickly poured out through the trailer gate onto the ground, burying him. James died almost immediately from the intense heat of the asphalt. Shepell tried to dig James out, sustaining severe burns to his own hands, arms, feet, and legs. Shepell later pled guilty to breaches of the Workplace Safety and Health Act and the Employment Standards Code (James was under-age) and was fined 34,000. You have been asked to assist the incident investigation team and complete a hazard assessment. Please provide detailed answers to the following questions to assist the…arrow_forwardN.I.S. promoted John, a forty-two-year-old employee, to a foreman’s position while passing over James, a fiftyeight-year-old employee. N.I.S. told James that he was too old for the job and that the company preferred to have a younger man in the position. Discuss whether James will succeed if he brings a cause of action.arrow_forwardMichelle Vinson was an employee of Meritor Savings Bank for approximately four years. Beginning as a tellertrainee, she ultimately advanced to the position of assistant branch manager. Her promotions were based solely upon merit. Sidney Taylor, a vice president of the bank and manager of the branch office in which Vinson worked, was Vinson’s supervisor throughout her employment with the bank. After the bank fired Vinson for her abusive use of sick leave, Vinson brought an action against Taylor and the bank, alleging that during her employment, she had “constantly been subjected to sexual harassment” by Taylor in violation of Title VII of the Civil Rights Act of 1964. Vinson stated that Taylor repeatedly demanded sexual favors from her, fondled her in front of other employees, and forcibly raped her on a number of occasions. Taylor and the bank categorically denied Vinson’s allegations. Does the conduct constitute sexual harassment? Explain.arrow_forward
- Case6 Therien, an independent contractor, operated a trucking business. He drove one truck and hired drivers to operate the others. Therien was engaged in the business for several years and has been doing business with City Construction Company. Teamsters is a trade union within the definition of that expression in the Labour Relations Act. The City Construction Company entered into a collective agreement with the Teamsters’ Union requiring, as one of its terms, that all employees be union members. Therien agreed then to hire only union members for the operation of his truck. However, he declined to join the union personally because he wished to maintain his relation as an independent contractor in dealing with City Construction. He further claimed that, in the capacity of an employer in his own right, he was forbidden by the Labour Relation Code from participating in union activities. The union opposed his view, and because of the union’s threat to picket the City Construction, the…arrow_forwardJason Lasseigne, a Little League baseball player, was seriously injured at a practice session when he was struck on the head by a poorly thrown baseball from a team member, Todd Landry. The league was organized by American Legion Post 38. Claude Cassel and Billy Johnson were the volunteer coaches of the practice session. The Lasseignes brought suit on behalf of Jason against Post 38, claiming that the coaching was negligent and that Post 38 was vicari- ously liable for the harm caused by such negligence. Post 38 contended that it had no right to control the work of the volunteer coaches or the manner in which practices were conducted and as a result should not be held vicariously liable for the actions of the coaches. Decide. Please answer is the IRAC format Issue: Call of the QuestionRule: Rule of Law to be applied to properly answer the questionAnalysis:…arrow_forwardWhich of the following are required for a plaintiff to establish a prima facie case of disability discrimination? Select all that apply. 1. that her employer has 10 or more full time employees 2. that she was forced to work in a hostile work environment. 3. that she is someone who, with or without reasonable accommodation, can perform the “essential functions” of the employment position that such individual holds or desires. 4. that she is disabled 5. that she was subjected to unlawful discrimination because of her disabilityarrow_forward
- Under vicarious liability, an employer is liable for the tort of an employee who is acting within the scope of employment. a. True b. Falsearrow_forwardHello, I am in need of assistance to answer the following question in tort law (according to English Law): Graham was employed as a waiter. He prided himself on his physical appearance and his ability to carry trays and dishes with dexterity and professionalism. He developed a tremor in his arm, which affected his ability to carry out these tasks, and consulted Dr Holly about the problem. Dr Holly recommended a surgical intervention in an area of the brain from where she felt that the tremor was emanating. She warned Graham about the 1% risk of stroke associated with the operation. However, she did not inform Graham of the facts that (1) there was a new pharmaceutical drug available on the market which might alleviate the tremor and which had a 0% risk of stroke, or that (2) the surgical procedure also had a 1% risk of affecting nerves around that area of the brain stem which could affect bodily functions such as continence. Graham underwent the operation. He was left incontinent, and…arrow_forwardPauline Brown was shot and seriously injured by an unknown assailant in the parking lot of National Supermarkets. Pauline and George Brown brought a negligence action against National, Sentry Security Agency, and T. G. Watkins, a security guard and Sentry employee. Sentry had a security contract with National. The Browns maintained that the defendants have a legal duty to protect National’s customers both in the store and in the parking lot, and that this duty was breached. The defendants denied this allegation. What will the Browns have to prove to prevail? Explain.arrow_forward
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