Reference no: EM133478450
Case: You are an employee in the operations department of a mining company, Fancy Gems Pty Ltd. The company has entered into a contract with a staffing solutions provider, Staffing Needs Pty Ltd, to provide staff on an ongoing basis, to drive the mining trucks that are operated by Fancy Gems Pty Ltd. The agreement between Fancy Gems Pty Ltd and Staffing Needs Pty Ltd is that the staffing company would provide the workers and pay their wages whilst determining their work system and rosters, while the mining company would be responsible for maintaining the trucks to ensure that they are in good working order and are safe to drive when needed. On the morning of 7 December last year, Samson was driving one of the trucks, having been instructed by Staffing Needs to do so. On his way to the mines Joseph requested to hitch a ride in the truck, so that he could get to and repair one of the trucks that had stalled at the entrance of the main mine. Joseph was a local mechanic who had been requested by the mining company to repair the truck and he intended to drive it back to the base. As he boarded the truck that Samson was driving, he failed to see the sign on the door of the truck that stated, "No unauthorized passengers are permitted at any time". As the ride to the mines was a short one, Samson did not think twice about giving Joseph a ride. The trip to the mines was a rather bumpy one and as Samson was navigating the final bend towards the mines at a considerably high speed, he lost control of the truck, which toppled over and eventually landed on its side. In the process the passenger door of the truck, which was faulty, flung open and Joseph was thrown out of the truck onto the road where he landed heavily and broke his right arm. Joseph was hospitalised for a few days and lost the use of his arm for two months. It is now February in the following year and your Operations Manager, Tim Stickler, has passed on to you a letter from Joseph's solicitors demanding that Fancy Gems accept liability for the injury suffered by Joseph. Brad believes that it is Staffing Needs that should be held responsible and would like you to write a memorandum of advice on whether there are grounds to hold Staffing Needs Pty Ltd liable, so that he can present it to the management committee of the board of directors of Fancy Gems Pty Ltd.
Required: With reference to relevant legal principles, use the IRAC legal problem-solving approach to draft a suitable Memorandum of Advice that addresses the nature of the claim that Joseph may make against Fancy Gems Pty Ltd and whether in fact Joseph and/or Staffing Needs Pty Ltd can be held liable in any way.
2) Prepare ppt presentation of not more than seven minutes, where you will present your analyses in summary form, so that the completed presentation will have a summary of the arguments made in your written analysis.