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Trial of the Century

Trial of the Century Part One

Gwen Wallace is a graduate from San Jose State University with a bachelor’s degree in management. She was attached at Kingston Technology and later got employed by the same organization. Her work was relatively impressive and commendable. During the period she worked at Kingston Technology, Gwen Wallace in one of her her speeches mentioned the need of a union. This did not go well with the top officials at Kingston Technology as they were against formation of the workers’ unions. The union could protect against any unlawful treatment of the workers and give them a right to a healthy working environment. The management saw this as an added cost.

Kingston Technology rejected this move as it could contradict its caveat emptor of an employee, having to sign a statement which meant that they could be fired at any time. Mr. Nathan, an employee of Kingston Technology and close friend of the company owner, took this as an advantage to lure Gwen Wallace to satisfy his sexual desire. She rejected his advancement. Mr. Nathan used his influence on the President of Kingston Technology to end Gwen's contract as a revenge for her rejection.

On the last day at work she realized that someone interfered with her email account.  Emails from AFL-CIO and monthly magazines had been removed from her desk. This suggests that this company was not interested in the labor union and was responsible for this. This might be the reason behind her job termination.

The accused may have had an idea that the human resource manager budget had been reduced, Molly Jefferson chose her for termination, despite having confided in her about the situation at hand. This could have been a deal between Molly Jefferson, Micky Williams and Mr. Nathan, too. If not, they could have also preferred another employee contract to be terminated.

The plaintiff Nathan Bicken, the vice president of Kingston Technology, having noticed Gwen Wallace during her presentation, developed some interest in her and asked Mach to check on Gwen's relationship history. Mr. Nathan made his moves but got rejected; he even threatened Gwen with signing of the statement to make her accept his sexual advances. Mr. Nathan also took an advantage of being close friend to Micky Williams in influencing the end of Gwen's contract without giving her a reason for her job cut.

Sexual harassment at work places should be discouraged at any cost. Those who go against this should be aligned in court and applicable charges made. People in the top management of any organization like Kingstone Technlogy should ensure that junior staff does not suffer at the hands of their boses. In courts, punishment to sexual harassment offenders must face the full wrath of the justice system. Where charges against this offence do not exist, the government through relevant departments should ensure that comprehensive legal implications are added to the existing ones. Punishment should be made more stiff, so that people who indulge in this behavior are discouraged as they would be afraid of the legal implications of their acts.  

After doing a follow up from both witnesses, Mr. Nathan will face the following charges: sexual harassment and violation of staff rights to form a workers’ union and premature termination of Gwen. Both charges are given on the basis of evidence provided by the witnesses. In any case Gwen could have accepted Nathan’s offer of dating him, he could have not terminated her contract and as he said before, Nathan had promised her to accept the offer so that she can be safe. Meaning, he just wanted to gratify his sexual desire which she was not ready for.

Secondly, termination of Gwen’s contract without a proper reason or rather because of her wish to form the union to fight for her fellow workers is unlawful, as in every company before termination of an employee the worker should be given a notice and the main reason which has resulted to job cut. Mr. Nathan does not qualify to end Gwen’s contract with premature reason. The President is advised to reinstate Gwen back to work and be allowed to form a union.

The Manager of the company is adviced to consider junior staff. Nathan does not show a good quality as a leader and the President should fire him.

Trial of the Century Part Two

At the work places, the hard working people are always promoted and recognized according to the results of their efforts. Mr. Bob Wilson is recognized as a hard working person in his work place in Palace Regency Hotel. He has worked there for over twenty years and risen in rank from being a waiter to the managerial positions. He also fights for rights of fellow colleagues during disputes.

Mr. Wilson is willing to apply for a vacant assistant manager position. This is as a result of his wish to make sure that his daughter acquires good education. He applies for the promotion to assistant manager position.

Mary has the influence on appointment of whoever she wanted for the vacant position at the hotel. Mary is not ready to consider Mr. Bob Wilson for the vacant position and she favors gym instructor as she liked him very much and wanted to find a way for him to get a job at the hotel. Miller has no idea on the hotel operations. He is also not qualified for the place. She indicates that she does not prefer people who are associated with the union. The panel considers Mr. Wilson as the most qualified candidate compared to other applicants, while her preferred candidate is a gym instructor who is less qualified.

Mary goes further and attacks Mr. Bob on his academic credentials when she is asked and even attacks him on the family issues when she mentions of Bob’s daughter who is not part of the issue under discussion. She claims that Mr. Biff Miller is more qualified than Mr. Bob Wilson and later on she fires him.

When she was asked she claimed that Mr. Wilson insulted the company some years back, which is not relevant to the current situation, and accused Mr. Bob for sexual harassment against Kimberly. When Mr. Wilson was asked, he gave evidence of Mary telling him about Biff.

In some occasions Mr. Bob Wilson’s daughter could hear Mary talking about her dad during their gym sessions. Therefore, when evaluated carefully from the evidence given by both witnesses, most of them did not give reliable information about the case. While weighing the witness points, both parties said that Mr. Bob was recognized as a workers’ friend because of fighting for their rights.

Mary Legon is found guilty of the following charges: first, she practices favoritism. Instead of hiring the most qualified person for right position, she hires a person she liked, which is against the country law and even the National Labor Relations Act. Secondly, termination of Mr. Bob’s contract without any proper reason can be identified as a crime against a work, as stated in the law. An employer who is about to end an employee job, should allow for proper investigation before making the final decision of contract termination. An employee has a right to present his case to the human resource department or another relevant employee department in any organization. Mary, who is the overall boss, uses her place to infringe on the workers' right, something that is not acceptable both in local and international labor laws.

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