Free Custom «Terena's Case» Essay Paper

The case was filed by Terena, the plaintiff who claimed that the KFC Company carelessly employed a co-worker to Terena who had a record of attacking fellow workers. Therefore, this worker violently molested and injured Terena while she was at the work place. After the attack, she continued to work in the company until when she transferred to North Carolina. However, the KFC decided to deliver a transfer form, containing mediation of worker’s rights. Due to delay and expenses of the court ruling system, Terena signed a confidential binding mediation revealing the claim that would arise between her and the organization.

KFC provided information that the mediation or arbitration agreements were not practical. They explained that the provisions only referred to arbitration claims that were made between KFC and Terena. Therefore, the court of appeal denied the actions of KFC.

The court made a decision of invalidating and remanding the case to the lower court to make a compelling adjudication of Terena’s negligence for hiring claim against the company.

The most important facts that determined the ruling of the court is the term of claim. When Terena signed the mediation agreement documents, the claim term was used in the alleged agreement form. Therefore, the court used this term as a fact of revealing if the alleged attack that led to the claim against the company was made after the agreement form was provided. Moreover, the main legal concept that led to decision making is that for union stipulation to be legitimate, it should be comprehensible. Thus, the lower court denied KFC Company the action of compelling arbitration.

 

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My team does not agree with the decision made because it might affect the human resources. The case might impact the HR practice because it will discourage some of the workers due to increased physical attacks in the working environment. This will make many of them move away from the company, thus get a better and conducive working environment. Moreover, the role of the HR is to ensure that the organization operates well. This is through setting rules and guidelines that will govern the employees in an organization. Therefore, lack of clear guidelines or policies governing the organization would send a bad image to customers. This will make the company perform poorly because of bad reputation of treating employees badly. The employees are the ones who determine the performance of the organization. Therefore, in case their claims are not taken into consideration seriously, they would not produce quality work; thus the company may fail in terms of performance level.