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Assignment 1 Local lawsuit Use the internet to research a situation where a business located in your state was involved in a lawsuit (I live in Miami Florida). Write 4 pages in which 1. Summarize the...

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Assignment 1 Local lawsuit
Use the internet to research a situation where a business located in your state was involved in a lawsuit (I live in Miami Florida).
Write 4 pages in which
1. Summarize the action that leads to the lawsuit.
2. Discuss what management could have done in terms of risk management to have prevented the events that lead to the lawsuit.
3. Discuss the ethical considerations reflect in the laws applicable to this case.
4. Determine which sources of law would be most relevant in this case and how management could leverage knowledge of those sources to prevent similar instances in the future.
5. Recommend what management might be able to do to pursue alternate resolutions (outside of court)
6. Research and cite at least 4 peer-reviewed academic sources in addition to the textbook.
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Assignment 1 Local lawsuit Use the internet to research a situation where a business located in your state was involved in a lawsuit (I live in Miami Florida). Write 4 pages in which 1. Summarize the action that leads to the lawsuit. 2. Discuss what management could have done in terms of risk management to have prevented the XXXXXXXXXXevents that lead to the lawsuit. 3. Discuss the ethical considerations reflect in the laws applicable to this case. 4. Determine which sources of law would be most relevant in this case and how management could leverage knowledge of those sources to prevent similar instances in the future. 5. Recommend what management might be able to do to pursue alternate resolutions (outside of court) 6. Research and cite at least 4 peer-reviewed academic sources in addition to the textbook.

Answered Same Day Dec 21, 2021

Solution

Robert answered on Dec 21 2021
132 Votes
1. Summary
Davis was an Employee at Beehive Partner. He was also employed as a senior Auditor by
the Beehive partner since last five year. He was undergoing an audit of courses and
qualifications. He worked in the areas responsible for overseeing the audit process. The
outcome of the audit could affect offering of courses and enrolments and funding. He sent
an email to all audit employed by Beehive alleging that members were being pressured to
participate in the fraudulent creation of false documentation for the audit. He did not
eport these allegations to Beehive. The Copy of the email made its way to the CEO who
considered taking disciplinary action for the manner of raising the allegations and not
eporting those serious allegations to management. He was suspended on full pay pending
investigation of issue and whether disciplinary action would be taken. He went to court to
claim against the suspension and threatened disciplinary action.
But Judges dismissed the application as they accepted the evidence of the decision maker
that she did not take adverse action because of his industrial activity but because of the
inappropriate way that he raised allegations of serious misconduct. He appealed. The
majority allowed the appeal and held that the state of mind or subjective intention of the
person who took the action will be centrally relevant, but not decisive.
The Court needed to determine the “real reason” which may be unconscious. To
discharge the reverse onus Beehive needed to disassociate the employment from his
industrial activity - which it had failed to do. It was not relevant to compare him with
other employees who had not engaged in industrial activity.Third, the reasons of the
decision-maker at the time of the employment law is the focus of the Court's inquiry .
Fourth, the findings as to the "unconscious" state of mind of the decision-maker are not
permissible "In this Court, the respondents did not refer to this approach in their written
submissions. This was despite the fact that the appellant had criticised it in its written
submissions. The respondents refe
ed to it in oral argument. But they did not long
persist in any attempt...
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