Negligence and Limitation of Liability Act†MyAssignmenthelp.com

Question: Discuss about the Negligence and Limitation of Liability Act. Answer: Introduction: In this scenario the employment agency Jobs For You had been sued y the employees as they had been wrongfully terminated without any justifiable grounds. However, Jobs For You in their defense had stated that the employees who had been terminated had exhibited negligence and irresponsibility on their part. The agency had kept records of such negligence of employees. However it was feared by the agency that such agency might face accusations of keeping records of employees. They also feared that the employees might think the agency was practicing workplace discrimination. Hence in this scenario Stella, the recruitment manager had been advised by the management to make indirect discriminatory notes to be used against the employees as evidence in courts. The parties involved in this case are Jobs For You agency, the employees and the Stella, the recruitment manager. The values involved in this dilemma in accordance with the ACS code of Ethics are enumerated below (Acs.org.au 2018): Honesty- The ACS code of ethics mandates the members of the Australian computer society to maintain Honesty while conducting the professional duties Professionalism- It can be stated that the members of the Australian Computer Society are required to maintain professionalism while conducting their duties. Further it can be said ACS code of conduct provides guidelines to the members of the Australian computer society about how to perform their duties (Acs.org.au 2018). The code of conduct needs to be strictly followed by all the members of the society. The codes relevant to this scenario are: Code 3.c- Professional and personal opinions are to be differentiated Code 3.e- Not to form judgments or professional based on insufficient and limited knowledge Code 1g- Confidentiality and Privacy of information must be maintained Code 6e: Never indulging or manipulating another member to indulge in any activity which would breach any of the codes of professional conduct. Code 1.a: All the members of the computer society must consider the interest of the parties who might be affected by the work of such member. Assessing the burdens and benefits It has been provided to the case study that Stella has the role of an recruitment manager in the organization. As a manager it is a duty to act in accordance to the code of ethics provided by ACS. On the other hand as she has a fiduciary relationship with 'jobs for you' it is also her fiduciary duty to act in the best interest of the organization The legislation which has been found to be the most relevant in the given situation is the limited liability Act 2008. Through the above discussion in relation to the was provided in the case study it can be analyzed that an ethical as well as moral duty to comply with the code of ethics provided by ACS along with the code of moral conduct existed on the part of Stella. She does not have any right through which she can make discriminatory notes in relation to the Employees under the provisions of both the code of ethics and the code of conduct. In case it is found that she does not involved in such action she would subsequently violet the provisions of the above discussed legislation. Through the discussion of the above discussed facts in the light of the code of professional conduct it can be evidently provided that it is moral obligation of Stella not to make discriminatory notes against the employees where she feels that a misrepresentation of fact has been done. Reference List: Acs.org.au. (2018). [online] Available at: https://www.acs.org.au/content/dam/acs/acs-documents/Code-of-Ethics.pdf [Accessed 16 Mar. 2018]. Retrieved From- https://www.acs.org.au/content/dam/acs/acs-documents/Code-of-Ethics.pdf Acs.org.au. (2018). [online] Available at: https://www.acs.org.au/content/dam/acs/rules-and-regulations/Code-of-Professional-Conduct_v2.1.pdf [Accessed 16 Mar. 2018]. Retrieved From- https://www.acs.org.au/content/dam/acs/rules-and-regulations/Code-of-Professional-Conduct_v2.1.pdf Legislation.gov.au. (2018).Law of Negligence and Limitation of Liability Act 2008 (NI). [online] Available at: https://www.legislation.gov.au/Details/C2016Q00058 [Accessed 16 Mar. 2018]. Retrieved From- https://www.legislation.gov.au/Details/C2016Q00058