Summative Written Assignment Example | Topics and Well Written Essays - 1500 words

Summative Written - Assignment ExampleThe paper will explore the legal principles involved in the case with the aim of offering a legal advice to the employee. Facts of the case Mathew, an employee of pharmaceutical company, Medx ltd, was recently involved in an accident. He has constituteed as a warehouse operative for the pharmaceutical company for over 20 years. The company deals in and store heavy boxes containing its goods. Based on the scope of its operations, the companys policy is that its employees are supposed to wear protective helmets eyepatch on duty. In December 2011, Mathew who was in good wellness and had never been involved in an accident leading to any injury was involved in an accident while on duty at the pharmaceutical company. A heavy box from an overhead wooden pallet rack fell and stimulate him to unconsciousness. He sustained several injuries including bruises on his face, a cut on his head, which left a permanent scar, dislocation of his right shoulder, a nd injuries to his leg. Mathew has been forced out of work for four months and medical report indicates that he may not be able to work for another six months. He also suffers continuous headache. He has a family with a running mortgage to finance. Legal issue Obligations under law of signal One of the essential legal elements in the case is the institution of a legal relationship between Mathew and MedX as defined by his employment contract. His relationship with MedX Ltd falls within the scope of an employment contract. Pozgar and Santucci defines an employment contract as an agreement between an employee and an employer in which special terms such as remuneration, the scope of work and working hours are defined (Pozgar and Santucci, 2009, p. 61). The agreement is wherefore regulated by the law of contract under contract of service (Pozgar and Santucci, 2009, p. 61). A contract is an agreement, between parties, that legally enforces their rights and obligations. When parties en ter into a contract, they expressly take in conditions and warranties that regulate their relationship by laying down responsibilities and obligation of each party. Essential elements of a valid contract as defined through agreement, consideration, and design to create legal obligations further binds parties to a contract to implied conditions in their trade. Contracts are therefore subject to legislations such as labour law statutes (Goldman and Sigismond, 2010, p. 123). Employees gum elastic at workplace Implied conditions in contracts of service impose a responsibility on employers to ensure safe of their employees while at the work place. The occupational safety and health act is an example of such legislations that aims at ensuring welfare of employees. One of the provisions of the act is that an employer has the duty to minimize and possibly mitigate any health hazard within the work place. These threats can either be biological leading to illnesses or physical, leading to injuries. Failure to take necessary measures makes an employer liable to his or her employee for any injury or sickness suffered because of conditions at the work place. The act , with this respect, empowers government agencies to facilitate its implementation as was observed in the case of Donovan v Dewey, 452 U.S 594, 101 s. Cr 2534 (1981) (Ullmann, 2004, p. 339). Further, employers are charged with the responsibility of not only ensuring safety of their