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James Hardie Businesses: Legal Case Study

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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

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