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Case Study On Guidance Folio

   

Added on  2022-09-27

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The case studies have been evaluated in the order that they appear in the assignment guidance
folio.
Case one
On the 1st day of the 8th month in the year 1989 two environmental officers attached to
Ministry of Environment of Ontario, charged top managers of the Bata Shoe Company with
pollution. The law officials accused the company administrators of running effluent treatment
plant in violation to the guidelines of section 27(a) of the Environmental Protection Act (E.P.A).
They outlined a total of six offences on the charge sheet which was presented to the Provincial
Division of Ontario Court for determination of the case. The Defendants banked on the relief of
due diligence to save them. That the court could establish that they actually they conducted their
activities with equitable caution. A former Employ of Bata, Mr.Riden, is examined to help the
court establish the environmental practices in the industry.
On day seven in the second month of the year 1992. The judge ruled against Bata
Company. He found them guilty to have triggered or permitted the emission of toxic and
untreated flow into Lake Ottawa. Section 16(1) and or with 16(2) of Ottawa Water Resource Act

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pronounce the defendants liable. Evidence presented in the court established that their
organization was responsible for the pollution without an iota of doubt. The judge used section
75(1) of the OWRA together with sub-section 147a of the Environmental Protection Act in
combination with the insight of industrial ethics practice as painted by Mr. Riven. The law was
clear in identifying the owner of an Effluent Treatment Plant and the emission site.
Case two
Former employee (plaintiff) and an organization (Accused) are caught in a court battle.
They explore and utilized various provisions anchored in the different chapters and sections of
the employment laws in the jurisdiction of the British Columbia’s supreme Law. Preliminary
stage of the case is marked with disparity of consent on who should be examined by the court as
a witness. Several applications are submitted before the court by both parties to determine who
should be the legitimate parties to the case, between Hampton, Robert Evans and the Glen. The
court is has the power to alternate witnesses (Master S. Scarth). The complainant seeks to be
compensated for wrongful dismissal. The jurisdiction of the court under the ruling law is put to
test in this case.
Laying off and termination of contracts of employees should follow the strict guidelines
enshrined the labor laws. Both the employee and the employer can only happen under limited
scenarios like death, permanent health condition, misconduct by the employee and mutual
agreements. When dismissing an employee based on their act then it should be according to the
Employment Act (MCCrudden). Babine should have adhered to the rule to avoid unnecessary
litigations. There is dire need for organizations to maintain good relationship with their

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