Question
Question. Identify the relevant legal issues and, with reference to appropriate case law, outline and explain the legal principles that will be used to determine
Question.
Identify the relevant legal issues and, with reference to appropriate case law, outline and explain the legal principles that will be used to determine the legal outcome.
Facts
BG has been in the role of paralegal at LLF for 4 months but has worked for the firm a total of 12 months. Kim is the senior paralegal and BG's supervisor.
BG's duties as paralegal involve preparing accurate documents for court proceedings such as Statements of Claims, Notices of Defence and affidavits.
BG received extensive training to prepare for the role of paralegal.
According to BG's supervisor Kim, her work is not accurate and consistently includes mistakes. Kim has provided additional guidance to improve BG's performance.
In March, BG without permission lodged an incorrect Statement or Claim that subsequently cost LLF $6,500 plus a months delay.
BG used Greta's electronic signature without permission. (Greta is a lawyer at LLF)
Questions (Presented)
What duties (express or implied) are likely to be included in BG's contract of employment?
Will a court support BG being dismissed summarily?
Can the following terms in BG's contract of employment be enforced after she is dismissed.
a.14.1BGshall not disclose any information about the law firm's clients or any legal matters prepared on behalf of a client to any other person, including after she ceases employment with the firm.'
b.14.2 After leaving the employment of the law firm, BGis not to work for a law firm within a 30km radius of the LLF for a period of five years.'
Can you provide assistance with best way to approach this assignment. What key areas of Statutory and Case law would be relevant.
Thanks
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