Barry Jones is an installer of telephone and cable lines for a local non-unionized telephone company, Easy Access Telephone Co. His responsibilities include driving a truck to various residential and business sites, working outside and climbing to high places during all seasons, gaining access to the interior of residential and business sites, installing required telephone or cable lines, climbing into small areas such as basement crawl spaces or attics, answering questions customers may have while on site and explaining the installation and services.
Barry has always had satisfactory job performance evaluations and has been performing his job for 16 years. There are 24 other telephone installers, 15 warehouse people, 30 office workers and 12 people in customer service.
Barry has just begun having problems with depression and was recently diagnosed with bi-polar disorder. While he was installing a high-speed internet cable at a customer’s residence, he was talking very loudly and in an agitated voice. The customer, an elderly lady, was nervous with him and made a complaint to the telephone company after he left.
Barry’s Supervisor, Suzie Goodfellow, decided that he could no longer be left alone with customers in their houses. He was told that his job would change, and he would work in the warehouse loading boxes onto shelves and trucks. Barry was not happy with this change and indicated that he would not do it. He was very agitated during this exchange and Suzie decided he wasn’t safe to work with and fired him.
Barry filed his complaint with the Human Rights Commission on January 3, 2018. The parties have been unable to settle, and the matter is now set for a panel hearing.
Gini Valentino is a dance instructor at Happy Hearts Dance Studio. She has been teaching dance lessons at Happy Hearts for the last 5 years. She is by far, the favourite dance instructor of the students. Many students ask for her personally when renewing their lessons each year. She is very outgoing, flexible and a good dancer.
Some of the dances Gini teaches are: the Vienna waltz, the old-time waltz, the samba, the tango, the quickstep and various country line dances. In addition to her dance instruction, Gini is responsible for booking students, collecting fees, booking rooms at the dance studio and reception duties when she is not teaching. There are 5 dance instructors at Happy Hearts and one full-time receptionist who is a qualified dance instructor and who substitutes for the dance instructors when they are not available to teach a class.
Last January, Gini decided to take up snowboarding as a hobby. She became good at it fairly quickly since she is so athletic. Unfortunately, on February 14, 2017 she was snowboarding and took a bad fall. Her pelvis was broken in 3 places and she strained her hamstring.
She was off work from February 14, 2017 until June 14, 2017. At that time, her short-term disability coverage ended, and her doctor did not feel that she had a serious enough problem to go on long term disability. Although, her pelvis has healed, it did not heal perfectly, and she does feel pain on exertion. Her hamstring also gives her some trouble if she stretches too much. Although the hamstring is likely to heal if not aggravated, her pelvis will likely cause her some trouble throughout her life.
Happy Hearts owner, Jim Crusty, doesn’t feel that she is capable of teaching the dances any longer. Gini feels that she could teach some of the less strenuous dances. She also feels that she is still a valuable employee given her good people skills. Jim and Gini had several meetings to discuss her abilities and the number of classes she could teach but on June 30, 2017, Jim indicated “too bad, so sad” and told her not to come back to work. Gini filed her complaint with the Human Rights Commission the next day. No reasonable settlement has been reached.
In order to determine if Jane is negligent, one needs to show that:
• She owed a duty of care to Tom
• She breached the standard of care owed to him
• Tom suffered an injury
• Jane’s carelessness caused Tom’s injury
According to Donoghue v. Stevenson, a person owes a duty of care to anyone where it is reasonably foreseeable that they may be harmed by that person’s conduct.
According to Yates, a breach of the standard of care occurs when someone does not behave as a reasonable person would in similar circumstances. Also, the injury suffered need not be just a physical injury but could emotional injury as well. However, the injury must be “material”; it cannot be just a small scratch, for example.
Again, according to Yates, the injury must be a direct consequence of the careless behavior of the person accused of being negligent.
Application to Facts of Case:
1. Jane owed a duty of care to Tom because he was standing on the sidewalk next to Jane’s bicycle and it would be reasonably foreseeable that if she was careless, he could be injured
2. Jane breached the standard of care owed to Tom because she proceeded to ride her bicycle while looking behind her and didn’t see Tom standing there
3. Tom suffered an injury because he had a broken toe 4. Jane’s carelessness caused Tom’s injury because his toe cracked when she rode over it
Legal Issue #2 – Was Tom contributorily negligent and is, therefore, partially responsible for his own injury?
Although it is clear that Tom would owe a duty of care to himself, in order to determine if Tom is contributorily negligent, one needs to show that:
1. He breached the standard of care and did not behave as a reasonable person
2. He suffered an injury
3. His carelessness, at least partially, caused his injury
4. Fault can be apportioned to him and, therefore, reducing the damages owed to him
According to section 1(1) of the Contributory Negligence Act, a judge can apportion blame to the victim of negligence where his or her own negligence has also contributed to the victim’s injury.
In order to determine negligence, one would follow the steps outlined under Legal Issue #1
Application to Facts of Case:
1. Tom did not behave reasonably when he was jaywalking across the street and ran onto the sidewalk in front of Jane’s bicycle
2. He suffered a broken toe
3. Tom was hit by the bicycle because he ran onto the sidewalk after jaywalking and, then, his toe was broken
4. Tom’s behaviour was clearly partially a cause of the accident
Legal Issue #1 – Was Jane negligent when she ran over Tom’s foot with her bicycle?
Legal Issue #2 – Was Tom contributorily negligent and is, therefore, partially responsible for his own injury?
Tourism alludes to the development of individuals from various social and social foundation going out of their standard condition remaining in a better place for business, individual, or expert reasons. These individuals are ordinarily alluded to as vacationer. Their activities in the nation they visit influences the neighborhood monetary market as they do their exercises, as the greater part of which may expect them to burn through cash in this way expanding the consumption in the nearby markets which in turns helps the GDP of the particular nation (Media.unwto.org, 2014b). Consequently the tourism business is shaped to take into account the requirements and requests of local people and vacationers regarding items and benefits and is characterized accordingly in this report. 1.2 What does the tourism business intend to Singapore? As Singapore needs normal assets, the tourism business fills in as an indispensable factor that goes about as an essential column for the economy of Singapore. It contributes an expected 4% to the total national output of Singapore and furthermore gives occupations to around 160,000 individuals. The tourism business serves to reaffirm Singapore's situation as a worldwide cosmopolitan city that is dynamic, ready to take into account local people's and travelers' requests for recreation, amusement, giving purchasers improved quality and assorted variety as far as relaxation making a more extensive scope of choices making an energetic living condition that Singaporeans can gladly call home (Stb.gov.sg, 2014). 2.0 Economic Impact Analysis Four sorts of Economic Impacts that Tourism have on the economy 1-Direct commitments Tourism's immediate commitments are aftereffects of income earned from voyagers' consumption by organizations like inns, eateries, retail outlets, transportation administrations, social/sports and recreational administrations. 2-Indirect commitments A portion of the roundabout commitments get from venture spending from the organizations of the movement and tourism, Government use as speculation to enhance or improve the enterprises. 3-Induced commitments The immediate and roundabout representatives engaged with this part at that point thus adds to the utilization by spending their wages on nourishment and drinks, recreational exercises, garments, lodging and family unit merchandise. 4-Total commitments In this way the aggregate commitments from the immediate, circuitous and instigated commitments will thus influence the GDP and the business rate as they influence different variables of the GDP condition which likewise influences the generation rate along these lines expanding the GDP and work rate in a circumstance when there is an expansion in income and request from visitor and with certis paribus expected. 2.1 Contributions to Singapore's GDP The most recent official statement by UNWTO World Tourism Barometer, demonstrates that consumption receipts universal guests spent on sustenance and refreshments, administrations, excitement, facilities and significantly more totaled up to an expected SGD$ 1,455 billion amid 2013. What's more, that the development rate of receipts encountered a 5% expansion from 1035 million amid 2012 to 1087 million amid 2013(Media.unwto.org, 2014a). As per a monetary report by Singapore's Travel and Tourism Economic Impact report 2014, in 2013 travel and tourism's immediate commitment to Singapore's GDP was SGD$ 19.1 billion (5.3% of aggregate GDP) Singapore's GDP. Its GDP commitments in 2014 is required to encounter a 5.8% expansion, and furthermore to encounter a 3.4% increment for each annum, starting at 2014-2024, to SGDS$ 28.3 billion as of totaling a 5.3% of the aggregate GDP in 2024 (World Travel and Tourism Council, 2014). The previously mentioned news and report fills in as macroeconomic illustrations that shows how tourism can build utilization of products through use globally and in a nation. It likewise demonstrates that tourism's commitments to a country's GDP hints at positive development along these lines clarifying why Singapore's legislature is indicating expanded enthusiasm for the financial effects that tourism introduces on national and neighborhood levels. 2.2 Supports Job and Induces Investments The tourism business serves to help work in a roundabout way by giving 295,620 occupation positions which makes up 8.7% of the aggregate work in Singapore. Right now, there is a SGD$ 16.2 billion worth of interest in the tourism business which adds to 19.7% of aggregate speculation which likewise hopes to encounter a 5.5% expansion this 2014 (Singapore Business Review, 2014b). In this manner if the tourism business blasts and encounters an expansion popular for products and enterprises, important administrations and assembling organizations that by implication adds to the tourism business may encounter lack of labor therefore additionally making expanded openings for work for the general population in Singapore. Buys from providers may likewise encounter an expansion as more items are expected to take into account the requests of the general population. Likewise because of expanded numbers and requests from visitors, the administration of Singapore would in this way have expanded motivations to additionally put resources into the movement and tourism industry which will inevitably add to the GDP condition. 2.3 Increase in Tax incomes The Singapore government forces a 'wrongdoing' charge on liquor and tobacco merchandise on all business. These expenses are paid by firms when bringing in such products. Voyagers that expend such items while in Singapore expands the interest for such merchandise which influences organizations to build their imports to take care of the demand, enabling the administration to gather more 'sin' charges expanding charge incomes of the legislature. Given the current news of a 25% expansion in alcohol assesses, the potential income that can be earned when traveler or local people expend such items gives significant motivations to the Singapore government to be keen on putting resources into tourism segments trying to draw in more vacationers, expanding the request and utilization for alcohol to produce more expense incomes (Straitstimes.com, 2014d). 2.4 Attractions and occasions Real occasions like the Singapore F1 Grand Prix serves to turbo charge economies by drawing in sightseers from everywhere throughout the world to Singapore. A 12.6% expansion ahead of time appointments of flights demonstrate how such occasions contribute specifically to the tourism business, also the expansion utilization of different administrations and items like eateries, lodging facilities and different necessities (AsiaOne, 2014). Vacation destinations like gardens by the cove, marine life stop, waterway safari and national workmanship exhibition additionally serve to give a more extensive scope of exercises for travelers to take part in this way expanding the number of inhabitants in voyagers influencing the request of products and ventures and further creating incomes for neighborhood businesses(Singapore Business Review, 2014a). Combined with the Casinos in Marina Bay Sands and resort world makes Singapore alluring to voyagers. 3.0 Demand Analysis 3.1 Changi Airport anticipates Terminal 4 Changi Airport is wanting to fabricate a fourth terminal that expenses $985 million that is relied upon to be finished in 2017. The new terminal is relied upon to enable Changi Airport to take into account 16 million explorers every year (Straitstimes.com, 2014a). Another multi-story auto stop will likewise enable it to give around 1500 parking areas. Combined with the way that Changi airplane terminal won Skytrax's title for being the best air terminal, the arranged terminal 4 would have the capacity to expand the general administration quality making it a favored air terminal bringing about expanded request as inclinations is one of the fundamental considers that outcome a difference popular (Straitstimes.com, 2014b). The expanded populace of travelers likewise makes the interest for products and ventures encounter an expansion as it relates to the populace factor with respect to change popular. 3.2 Gastronomic Tourism Gastronomic tourism is a rising sort of tourism that is being created and bundled into another tourism incline. This is because of the way that 1/3 of a sightseers' consumption is spent on nourishment and drinks which is a need. Gastronomic travelers make experiential treks to nations to visit makers of nourishment, sustenance fairs and gastronomic celebrations some of which may even attempt to figure out how to cook the nearby dishes (World Tourism Organization 2014, 2014). At the point when Singapore sorts out sustenance fairs or occasions like the Food and Hotel Asia 2014 and Wine and Spirits Asia at Singapore Expo which finished on eleventh April 2014, the request of such gastronomic sightseers to movement to Singapore would encounter a critical increment. The occasions was host to a record of 64,826 worldwide exchange participants from in excess of a hundred nations and districts which was likewise a 5.8% expansion from 2012 (Foodnhotelasia.com, 2014). In this manner indicating how occasions like these can influence the numbers and kind of travelers expanding the request of products and ventures. 3.3 Medical Tourism Most recent reports from RNCOS, predicts Singapore's medicinal tourism to encounter a compound yearly development of 30% inside the guage time of 2013 to 2017. Singapore is rising to end up a pioneer in the therapeutic tourism showcase as it prides itself on its very gifted social insurance experts and world class medicinal foundation. The normal development of restorative tourism is likewise credited to the way that Singapore has condition of workmanship medicinal offices and costs that are moderate in connection to quality(Digitaljournal.com, 2014). Being a favored area for therapeutic methods builds the quantities of such voyagers. Singapore is progressively ready to draw in developing quantities of patients from lesser created nations like Mongolia and Cambodia alongside the present greater part of medicinal sightseers from created or creating nations like Indonesia and Malaysia and the infrequent patients from China and India (Mfa.gov.sg, 2014). Patients of such therapeutic tourism likewise serves to build the utilization of different administrations and products as relying upon the particular medicinal techniques, their stay may take days, week>GET ANSWER