ipl-logo

James Hardie Businesses: Legal Case Study

1037 Words5 Pages

As a past employee of the James Hardie Company Bernie Banton who was born in Sydney in 1946 became a campaigner for the rights of workers to help fight to receive compensation from James Hardie for sufferers of asbestos-related conditions, which they contracted while working for the James Hardie Company and not being aware of the dangers. Asbestos is a naturally occurring heat and flame resistant crystalline mineral. Asbestos fibres are very fine and can become airborne if disturbed. If the fibres are inhaled they can cause a series of life threatening diseases including asbestosis and mesothelioma. Mesothelioma can take up to 40 years to develop. Asbestos was banned in 1987. The James Hardie Businesses is a manufacturing building materials business headquartered in Dublin, Ireland. The company is …show more content…

Bernie Banton chose to sue James Hardie for negligence in 2000, as they failed to owe a duty of care to their employees. Claims were first heard in the NSW Supreme Court. In 1989, the claims were then moved to the Dust Diseases Tribunal, which was set up under the Dust Diseases Tribunal Act 1989 (NSW). The reason why they chose this tribunal was to take the stress off the courts and speed up the process of hearing all the asbestos-related cases. Banton got a compensation of $800 000 in an out-of-court settlement. The settlement was reached on the morning of the trial before any evidence was taken. In 1996, the Dust Diseases Tribunal Act allowed plaintiffs to claim temporary damages to make it fairer; That is, claim damages for the conditions they suffer from, while also being able to maintain the right to claim further damages if they contract another disease in the future. Bernie Banton continually campaigned to show the public how much these people were suffering from asbestos-related diseases. Banton spoke at rallies, on radio and on television. The trade unions also got behind his

Show More
Related

  • Anne Anderson Argumentative Essay

    502 Words  | 3 Pages

    Jan acknowledges his situation, “The whole idea of lawsuits is to settle, to compel the other side to settle” [1]. In fact, he uses this reasoning to his advantage by demanding a total of 320 million dollars from both companies. The case is drawn out and both businesses stubbornly refuse to take responsibility, Cheeseman arguing that, “These chemicals never reached Wells G and H - we will show that. And they never made anyone sick. We will show that, too” [1] while Fascher, representing Beatrice Foods, explaining that, “Unless you've proven that poisons reached the wells, there's no case” [1].

    Read More

  • Business Law: The Starkist Tuna Case

    118 Words  | 1 Pages

    Starkist Co. accused of under filling their five ounce cans of tuna agreed to a settlement arrangement. Although the company denies the charges, all parties reached a settlement claiming they were simply avoiding legal expenses and other perils associated with class-action lawsuits. If you purchased Starkist Tuna between February 19, 2009 and October 31, 2014 you should follow the protocol to claim your part of the settlement. Class members must be residents of the U.S.A. and willing to swear online or on paper under penalty of perjury that they did purchase at least one five ounce can of the tuna products listed in the suit.

    Read More

  • Bernie Banton Case Summary

    752 Words  | 4 Pages

    This test case of Bernie Banton and his case against James Hardie impacted not only individuals concerned about the issue but bigger groups such as the government and businesses. Those who have suffered from asbestos related illnesses and their family are encouraging for a new legislation to be passed, as it would allow plaintiffs to claim for damages within 12 months. The 12 month period is necessary as many people find out they have been a victim of asbestos related disease once they have passed away. The changes in the law have been successful in Victoria, Western and South Australia. Bernie Banton test case was a turning point for those who have been suffering from asbestos related disease so they too can launch their cases against companies responsible such as Amaca Pty Ltd. Banton case later became a test case for

    Read More

  • Bernie Banton Case Study

    882 Words  | 4 Pages

    And as a result Bernie Banton including other workers sued James Hardie for negligence in 2000. It was estimated that he was one of 12500 claims made against the company for asbestos-related diseases. Many people were affected with the use of asbestos for instance Mr Robert Berengo, who contracted mesothelioma mainly from hugging his father, a painter in the 1960s, settled his case against Amaca for $2million. Banton described the atmosphere of his work place that “I was often covered in a fine white dust. It was on my face, skin, hair and clothes.

    Read More

  • The American Anti-Monopolist Elizabeth Magie

    179 Words  | 1 Pages

    Bankrupting your table mates while rolling dice, and running your fingers through stacks of paper money has proven infectious. The game of monopoly has been around for an entire century, when American anti-monopolist Elizabeth Magie created "The Landlord Game" in hope to teach people about the evils of monopolies by putting you in the shoes of greedy landlords. It was apart of a movement led by Teddy Roosevelt against Robber-Baron American industrialists who were sucking the blood out of the economy. In 1935 a man named Charles Darrow cloned the game, sold it to Park brothers, and Monopoly was born. They put a mascot on it who has a spitting image of Andrew Carnegie, and threw in a game piece in the shape of a top hat as a nod to those "cigar-puffing

    Read More

  • Ethical Business: West Fraser

    1005 Words  | 5 Pages

    Ethical Businesses. Which business comes to your mind? Whichever it may be it probably has branded itself as an ethical business through the actions and decisions that company has made. In this report I will be discussing an ethical business that comes to my mind called West Fraser. West Fraser is a publicly funded Canadian company and it is known as the largest lumber manufacturer not only in Canada but also in southern America.

    Read More

  • Court Case: John Collins V Parviz Deaf

    1005 Words  | 5 Pages

    In those 12 months if anyone complaint against the defendant than there will is another hearing on 18 August 2016. Defendant loses his case because of the lack of evidence. The evidence he presented even he accepts that he used unlawful language for the plaintiff. But he refused to accept the injury incidence he

    Read More

  • Industrial Revolution Dbq Essay

    692 Words  | 3 Pages

    According to Joseph Hebergam in document two, who was a factory worker and gave a testimony to the Sadler Committee. He explained how the lack of safety measures caused injuries, illnesses, and the most depressing part, death. Joseph stated, “[the doctor] told me that [my damaged lungs were caused] by the dust in the factories[, as well] from overwork, and insufficient diet.” This was just one of the many cases of an illness caused by civilians working in factories. Unfortunately, Joseph had lost his brother, since he was cut by a machine due to the lack of safety, he later died of a infection.

    Read More

  • Nsw Police Force Essay

    1513 Words  | 7 Pages

    Legislation Attorney-General (NSW) v Perpetual Trustee Company (Ltd) 1955 92 CLR 130 Crimes Act 1900 (NSW). Law Enforcement (Powers And Responsibilities) Act 2002

    Read More

  • John Lewis Case Study

    959 Words  | 4 Pages

    This EMA will be looking at John Lewis Partnership (JLP); how the JLP have been affected by global and international retailing, sustainability and ethics, and technology and retailing. I will be making three recommendations that JLP might take to ensure their long-term success. I have chosen the John Lewis Partnership (JLP), as I believe it is an interesting retailer to explore. The 84,000 permanent staff who work for John Lewis are partners, not employees. John Lewis, (2018)

    Read More

  • A Civil Action: Anderson Vs. Cryovac Case

    1404 Words  | 6 Pages

    The defendants associated with this case, included Beatrice Foods, Cryovac and UniFirst. The prosecution team sued the defendants for the causing contaminated water and a cancer cluster in their town. The main source of contamination was the tannery owned

    Read More

  • Competitive Case Analysis Of Wilkerson's Company

    1770 Words  | 8 Pages

    EXECUTIVE SUMMARY   TABLE OF CONTENTS Executive Summary 1 Introduction 3 Competitive Situation 4 Variable Costing 5 Existing Costing System 6 Diagram ABC 8 Activity Based Costing & Profitability 9 Conclusion 14 Bibliography 15   INTRODUCTION   COMPETITIVE SITUATION Firstly, here is a brief description of what Wilkerson Company specializes in. According to our case study and various online sources, Wilkerson manufactures and markets a complete line of compressed air treatment components and control products.

    Read More

  • British Airways Race Discrimination

    230 Words  | 1 Pages

    British Airways have served with new employment tribunal proceedings since 2010 British Airways is disputed with the employees and others in 2010. The dispute detail as follows: (British Airways, 2011) 1. Dispute related claims, where there are multiple claimants, included 129 claims for wages deducted on account of strike action. Many of these also claimed that the deduction amounted to a detriment on account of trade union membership or activities. There were 77 claims of race discrimination regarding the withdrawal of staff travel and 79 claims for failure to award time off for trade union duties or activities.

    Read More

  • Case Study: Jo Malone Company

    1532 Words  | 7 Pages

    4.2.1 JO MALONE 4.2.1.1 Strategy Jo Malone Company takes its name from the brand creator. Jo Malone was a stylist that wanted to give a special present to her VIP clients, creating a special bath oil with natural ingredients like nutmeg and Ginger. (Gordo, 2013) Jo Malone London was created to celebrate British style with unexpected fragrances and the elegant art of gift giving.

    Read More

  • Montagne Company Case Summary

    949 Words  | 4 Pages

    Business risk of GSAP they are going to buy: that it will not fail o Business risk= more business risk means more variability in operating profit which means a higher beta so adjust the Beta coefficient to match it with the level of financial risk incurred by the company. • Beta: Sterling’s proposed acquisition is 0.99 (beta is leveraged on the debt/equity ratio) [Exhibit 7] • Growth opportunities were limited and its business was under constant pressure • The company’s annual sales volume (in units) had increased by less than 1% per year, because of weak growth in overall demand and other company competition, which gives consumers the ability to choose other products • Business risk of buying at $265 million: relevantly low (where there

    Read More

More about James Hardie Businesses: Legal Case Study

Open Document