Legal Advice For Dr Biogerm Assessment Answer
ADVICE FOR DR BIOGERM
- Is social media policy of the Medical Marvels applicable on Dr BioGerm as she was not entered into any formal and written employment agreement?
- Whether CEO of Medical Marvels is guilty of dishonesty?
- Whether CEO of Medical Marvels is liable to give the compensation to Dr
- Whether CEO of Medical Marvels is liable for offence of giving false or misleading statements?
Dr BioGerm can make the complaint regarding the charges of dishonesty and giving false or misleading statements about the Development of “Man-Flu” vaccine as well as raise the compliant before Department of Health about her development work on “Man-Flu” vaccine.
According to Division 130.3 Criminal Code Act, 1955,
- Dishonesty means:-
(a) Dishonest according to the standards of ordinary people; and
(b) Known by the defendant to be dishonest according to the standards of ordinary people.
- Dishonest is a state of mind which represents the presence of mens rea in an offence and to attract the culpability on the accused.
- Dishonesty was brought out to replace the concept of fraud that was an ingredient in theft.
In this case of REG. v. ALLSOP 24 VLR 812, it was held that, the conspirators dishonestly agreed to begin the act which can cause deception to the Victim so that he has to suffer the economic loss. There are two elements required in ascertaining the dishonesty:
- Mens Rea
- Actus Reus
There is a legal maxim given by Lord Coke to attract the culpability of a Person:-
“Actus non Facit mens sit rea”
Dr. BioGerm had started working with Medical Marvels from July, 2018. As Dr BioGerm and CEO of Medical Marvels are friend, they didn’t entered into any written employment agreement. Dr Biogram reported the CEO on weekly basis about the projects undertaken with time spent on the research and development. She got the compensation at the rate of $70/Per Hour according to the working hours. She has an ABN, so she was not liable for paying tax on the amount received from Medical Marvels.
She had personal interest in development of “Man Flu” vaccine. Besides the Development of Virtual Band-aid, a project of Medical marvels, she initiated the development of “Man Flue” vaccine. The CEO of Medical Marvels knew that she had been working on development of “Mam-Flu” Project. On weekend and after working hours, She worked on her personal development project i.e. Man Flu. She pursued the development project at the head office and laboratory of Medical Marvels and she took the entry through her security card on weekend.
After completion of analysis and development of Man-flu vaccine, she took the holiday for 2 months. In her absence, One Junior laboratory assistant stole the various lab records and results relating to the development and testing of a Man-Flu vaccine. The CEO announced the discovery of a vaccine for Man-Flu by Medical Marvel on Twitter.
As Dr BioGerm came to know about this mishap, she also posted on her facebook and twitter accounts about the stealing of her development work. By this post, the share prices of Medical Marvels dropped adversely. According to the social media policy of Medical marvels, No staff member is supposed to post or comment on any activity as the work is highly specialized.
As per the given facts under the case and division 137.1 Criminal Code Act, 1955, it has been found that if a person gives a false or misleading information to another person, he is liable for an offence of giving false or misleading information.
FALSE OR MISLEADING INFORMATION
A Person gives a false or misleading information to another person, he is liable for an offence of giving false or misleading information.
- Punishment: Imprisonment of 12 months
PROCECUTION (Dr BioGerm):-
- Dr. BioGerm was working with CEO of Medical Marvels but she was not the employee of the Medical Marvels. As there was no agreement either oral or written between Dr. BioGerm and Medical Marvels.
- Dr. BioGerm was very focused about her research and development work assigned by the Medical Marvels and also reports the progress and time consumed on each project to CEO of Medical Marvel.
- She was very sincere and hardworking about her work and also successfully completed many projects of the Medical Marvels.
- She completed her personal interest project “Man-Flu” vaccine along with the project “Virtual Band-aid” during overtime period and weekends.
- After Completion of her projects, she took the leave of 2 months.
- After her leave, she came to know that the CEO of the Medical Marvel with Department of health announced about the “Man-Flu” vaccine which was originally the work of BioGerm .
- Dr BioGerm also posted that the work of her research had been stolen by the Medical Marvels and she has the ownership right on her research and development work.
- CEO of the Medical Marvels texted to Dr. BioGerm that she had breached the social media policy of Medical Marvels. But she was not an employee over there and she was not getting any fixed remuneration.
- Her research records and documents were stolen by the junior Laboratory assistant while cleaning her workstation and he had given the documents and records with CEO of Medical Marvels.
- CEO of Medical Marvels used her research records falsely and deceives her to gain the economic advantage.
- CEO of Medical Marvels will be liable for criminal breach of trust, misappropriation and giving false or misleading information.
- Dr BioGerm was an employee of the Medical Marvel from July, 2018 and performing research and development work on various projects of Medical Marvels.
- She was receiving a pay of $70 Per hour for her performed work. She was sincere and determined about her work.
- She was working on one project Virtual Band-aid and another project “Man Flue” Vaccine for Medical Marvels. She was using the resources of Medical marvels.
- He supported her to complete the project and launch the Man-Flu Vaccine.
- He had the ownership rights on Man-Flu Vaccine to cure the diseases of the general public.
Dr BioGerm is having the ownership rights on her project “Man-Flu” so Court of appeal should give her the ownership rights of Man-Flu Vaccine. As she posted correct information with bona fide intention, So She would not be liable for any offence. She did to secure the misuse of the vaccine. The Court give compensation to her for inconvenience and costs of pleader and other expenses incurred. There was no formal agreement between Dr BioGerm and Medical Marvels and she was not working on fixed salary. She only had security ID for entry or exit into the head office and laboratory of Medical Marvels. Accordingly, she suffered the loss due to this mishap with her personal interest project “Man-Flu” vaccine. The Court should compensate her for this loss and give the proprietary rights on her Project.
As per above stated provisions, CEO of Medical Marvels and Junior Laboratory Assistant conspired together to commit the misappropriation and criminal breach of Trust because he deceived Dr BioGerm and stole the confidential documents and records of her Personal Project which was her property. CEO of Medical Marvels dishonestly gave false or misleading information on Twitter and Facebook that Medical Marvels developed the Man-Flu Vaccine. He has committed the offence of giving false or misleading information. She is also advised to secure her development work and records by using the Patent. Her Project shall be secured for future and she can protect her interests in the project. Therefore, it could be inferred that a Person gives a false or misleading information to another person, he is liable for an offence of giving false or misleading information and due to the good practice by Dr BioGerm, the Court should compensate her for this loss and give the proprietary rights on her Project