Kim Jones, an employee at City stores has recently been re-injured while on duty leading to serious policy breached and the lack of compensation for her injury. This has placed Citistore liable to compensate the employee and stirred up a serious human resource and public relation concerns which have affected the brand’s image and operations. With the company’s public relations image at stake and serious concerns are being raised regarding the brand’s policies. Questions are being raised making it very important for Citistores evaluate the allegation and find a solution to the public relations scandal before it escalates future (Manuele, 2008). An investigation on the matter shall be conducted to identify any breach of the Workers’ Compensation and Injury Management Act 1981 after which a detailed report shall be presented to the HR directed and emailed to the organization’s lawyer, Patrick Nair, of Nair, Craigie, and Associates being advised on the situation.
From the initial investigation, Citistores is liable to compensate the Kim Jones for Re-Injury while working at the organization due to their not being any documentation related to not assigning the employee hard work. This has led to the floor manager or supervisors placing Kim back at the same position she was working previously which resulted in her straining herself again and being reinjured. A close investigation shall be conducted to identify the individual responsible for failing to communicate regarding the employee’s previous injury and health advice leading to an additional injury. From initial investigations related to the case study Citistore has clearly breached the workers compensation and WHS legislature by not highlighting the employees’ health concern which has led to their re-injury compensation denial. Citistore should have implemented the workers compensation and WHS legislature guidelines to avoid the placing the organisation and its employees in danger.
The insurance company has also denied compensating Kim for her injury due to negligence and failure of Citistore to communicate and handle the employee in a professional manner. This now opens up the possibility of Kim launching compensation suit against Citistore which is likely to see the organization needing to compensate the employee directly from their pocket. With union member outraged and backing Kim, Citistore is likely to face a serious breach of Workers’ Compensation and Injury Management suite (Oliphant & Wagner, 2012, p. 233). With no documented evidence to demonstrate they had communicated the situation to the supervisor and team lead, Citistore must consider entering into direct negotiations with Kim Jones in the hope or making an out of court settlement. It’s also important to track the failure in communication and negligence and take appropriate action on the officer placing them directly responsible for Kim’s Re-injury. The revised employee compensation, rehabilitation and injury management policy is effective and would protect Citi stores employees but the policy requires internal implementation to avoid being over looked or missed in the future. The lack of implementations of the policy seems to have occurred due to lack of proper communication and failures to have one individual in charge of implementation of the policy. The policies and procedures can be aligned to the organisations performance by placing a senior organisation manager responsible for their implementation and follow up. This would allow the organisation avoid similar situation occurring in the future.
To prevent such situation escalating in to major concerns in the future the organisation must place one officer responsible for monitoring and managing the policies implementation. This would make them questionable of such situation occurring in the future and also attract a serious disciplinary action if ignored. In addition to policy implementation there must also be a risk assessment unit and health and safety training program run by citistore every few months to help educate the employees regarding health and safety issues as well as identify and collect information related to impending risks. Risk evolution plans must involve employees as they work on a daily basis on the floor and better able to understand the risk they face while working. These can then be highlighted, discussed and solution as well as policies developed to avoid the risks. The ARU must also be reviewed as a partner not a rival and conflict with the union must be minimized. This can only be achieved if all stake holders work together to help identify risk with the objective of delivering the best and safest working environments to the employees. This would reduce conflict between employees the organisation and union and help focus attention towards progress, growth and development.
Our objective is to offer relief to the re-injured employee by offering him compensation for the injury as well as paying for his medical care with the intention of avoiding bad publicity. It is important that the company avoid bad publicity which could affect other employee views and attitude towards their work. Bad publicity will also have a negative effectively on the brands image among its customers which must be avoided if possible. Rather than stretching the issue through a legal battle, we propose to compensate the employee and reinstate the individual to a new position at the organisation with less strain. This will stop the issue from escalating uncontrollably and ensure all stake holders reputation and needs are addressed with regard to this case.
Email to the organisation lawyer seeking advice
Dear Sir,
Re; Employee Re-injury at the workplace
We consult you guidance regarding a situation where one of our employee Kim Jones has been reinjured while working for the organisation. The insurance company has rejected the compensation claim raised for the recent injury due to it having reoccurred to the same employee while working at the same post. This has resulted in the ARU raising major concerns regarding the employee’s wellbeing and raising a legal dispute for compensation regarding the issue. The instruction to reassign the employee new duties seem to have been misplaced resulting in the employee working at the same position despite of them not being fit to work at the position.
We request you kind attention towards reviewing and advising us regarding this concern at earliest before making any formal comment or communicating with the employee union regarding the same.
Regards
HR Manager
CitiStore
Dear Sir/Madam,
Our sincere apologies and condolence for your injury caused at the workplace and we offer our full support to assist you during this time of grieve. After close investigations related to the incident, we have identified that both parties namely the Citistore and Kim Joes are found for this incident. This is due to both parties having been responsible for highlighting the risks and their previous history which would have helped avert this injury. Negligence from both parties has resulted in Kim Jones experiencing a serious hip injury which has now immobilized her. A previous injury similar in nature and Negligence towards the highlighting the same has also resulted in the insurance company classifying the second injury as being a breach of the Workers’ Compensation and Injury Management Act. This has resulted in the insurance company denying compensating Kim for her 2nd injury. We understand the nature of the incident and have performed in-depth investigation leading to a report clearly highlighting each responsible stakeholder and shall be implementing legal action on them for the negligence. This also includes Kim Jones who was also responsible for understanding her rights and raising the concern related to the risk of re-injury before it happened. Citistore has a well-organized human resource department and she should have been able to approach the HR Manager regarding this concern which also placed her liable for promoting negligence towards work safety. This places her in an awkward position where she may be expected to explain her behaviour which may be sighted as ignorant and intentional with the intent of securing compensation for injuries.
Understanding both parties are at fault are at found and there being considerable evidence to question both parties, we propose a settlement which would compensate Kim Jones for her injuries. This would also allow us to turn our attention towards the perpetrators responsible for this negligence within the company who we can make strict action against (Ball & Goldoftas, 1998, pp. 50-53). Coming to settlement between the stake holders would allow Kim Jones to secure financial assistance which can assist her during her recovery as opposed to considering a legal battle in which she is also liable and risks facing disciplinary action for negligence at the workplace and behaviour issues leading to intentional injury with the intent on securing financial compensation. We must bring to your attention that a legal battle is likely to see this case stretch many years with no guarantee of the financial compensation of who may be sighted as liable for the injury. With instruction having been issued from the HR department from the previous injury, the responsible officer will be implicated in the case which may affect compensation.
With both stakeholders at fault, we extend our assistance towards resolving this issue by offering an out of court settlement which would ensure Kim Jones is compensated for his injury and also given the opportunity to continue working at a less hazardous position at Citistore in the future. Coming to agreement would help deliver satisfaction to both parties associated with this case and also assist with its fast resolution as opposed to considering a court case which can stretch for months or years. This would also allow us to follow up on who caused the breach in safety policy leading to Kim’s re-injury and take disciplinary and legal action against the individual.
We, therefore, take this opportunity to offer the following:
Paid Salary during your recovery period
Medical and nursing charges
Compensation for the injury 6 months’ Salary
Continued employment at City store at new and less stannous position
This would allow you to recover and get the medical care you need during the time as well as financial compensation of 6 months at the rate of your current salary. You would also be able to return and work for Citistore after recovery where we would be providing you with a less strenuous position to work. You swift consideration and decision is requested to prevent any future complications
Regards
HR Department
To the Finance Director
After close investigations related to Kim Jones injury claim, we have determined that it was negligence on Citi store’s part and have made an offer to settle out of court. This would help reduce attractive negative publicity and help resolve the case faster. There is also the concern that the lawsuit may lead to serious negligence charges related to the Workers’ Compensation and Injury Management Act which could see a serious fine being imposed on Citistore. With the backing of the labour union and the negligence being more on CitiStore, we are likely to experience a serious disciplinary action. To prevent the same we have offered Kim an out of court settlement by offering the following terms to the employee as settlement for re-injury while on the job.
Paid Salary during your recovery period
Medical and nursing charges
Compensation for the injury 6 months’ Salary
Continued employment at City store at new and less stannous position
This would allow Citi store to settle this re-injury case which is likely to escalate with the backing from the labour union and create negative publicity for the brand. With the fault on Citi store supervisors and the management, Citi store is also likely to be seeing a major fine being imposed on the brand as compensation which could result in major losses.
A formal investigation of the entire case is requested and the office responsible for the negligence needs to be identified and disciplinary action taken against him. The officer also needs to be held responsible for re-injury and a strict penalty imposed on the officer. This will not only discipline the negligent officer but also set a good example to other employees who may not pay close attention to their responsibilities which could lead to serious health and safety concerns at the workplace and also place the organisation reputation at stake.
To prevent the suite involving Kim Jones injury from escalating, we request and suggest that Kim is compensated with the above-mentioned terms leading to the case being closed.
Regards
HR Department
To Kim Jones
Greeting for the day and we do hope you are recovering from the injuries sustained on duty. As per our discussion related to your injuries compensation, we now take this opportunity to communicate formally regarding the terms and request for confirmation from your end.
As discussed during out meeting held on We come to the agreement to offer the following as compensation for injury while at the workplace.
Paid Salary during your recovery period
Medical and nursing charges
Compensation for the injury 12 months’ Salary
Continued employment at City store at new and less stannous position
We would like you to confirm the settlement and sign the settlement papers for Citi store to begin processing the agreed charges immediately. We understand you may be facing financial strain and complication due to needing to carry the financial burden related to recovery and medical care after the injury and would like to intervene. Attached you shall find a copy of the settlement with the additional paperwork which requires being signed for Citi store to process the finances as per the settlement agreement. You can either post the signed documents by registered mail or request for Citi stores legal representative to collect the signed documents for verification before the settlement terms are processed.
Your swift response and actions are requested.
Regards
HR department
Implementation of training and support programs to improve organisation safety and reduce injury at the workplace (Publishing, 1995, p. 35). The training program must cover the following areas:
Regards
HR Department
As an effort to create better awareness and offer support and training to each of our employees we have set up a format training program which all employees are encouraged to attend. We will provide support, training and later undertake reviews to determine employee understanding and whether additional training is required. After performing the recent training session the HR Department has identified that 19% of Citi stores employees did not attend the training and review sessions.
This is a high rate of un-attendance and would now like to request the union to assist citistore by encouraging its members to attend the sessions. Another training session shall be held on 15/07/2017 to accommodate employees who were unable to pass the review as well as those who failed to attend the training sessions and we request the union to persuade all employees to attend the session and pass the reviews (Reviews, 2016).
While it’s understandable that not all employees may attend, the union has the veto power to assist the employees attend the session which will assist with educating them. Some actions we recommend which can assist increase employee participation are listed below.
Union member clearly understand the power of the union and many regard the union highly thus maintaining a simple union member participation or attendant register will prompt many member attend the training and review program.
We request the union to communicate and also test union member understanding regarding the health and safety act. This will again encourage many members learn the basic fundamentals of the act which is critical towards encouraging and maintaining health and safety at the work place.
We understand that the union is not bound or responsible for implementing on emphasising its members to attend the health and safety Act training camps but the union can emphasis its members to understand the act as it’s their right. By the union simply mentioning it would blacklist members who do not participate in learning and understanding the health and safety act as well as other important labour act, many will take the dice seriously. Labour and industry acts are also laws high need to be understood and followed thus all employees should be able to understand them so as to abide to them and raise any concern if identified. If the union assist with highlighting to take disciplinary action on non-participants, the number of employees attending the programs is likely to increase dramatically.
We therefore request the union help out organisation register a higher rate of attendance to help educate the employees and reduce the number of such instances occurring in the future.
Regards
HR Department
Ball, C., & Goldoftas, L. (1998). Take Charge of Your Workers’ Compensation Claim: An A to Z Guide for Injured Employees. Nolo Press.
Manuele, F. (2008). Advanced Safety Management Focusing on Z10 and Serious Injury Prevention. New Jersey: John Wiley & Sons.
Oliphant, K., & Wagner, G. (2012). Employers’ Liability and Workers’ Compensation. Walter de Gruyter.
Publishing, D. (1995). Multiple Employment Training Programs: Overlap Among Programs Raises Questions About Efficiency. DIANE Publishing Company.
Reviews, C. (2016). Employee Training and Development: Business, Human resource management. Cram101 Textbook Reviews.
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