The defendants in such courts are often denied access to legal representation and in some cases, proper defence and the right of appeal. Prejudicial bias of the decision-maker or from political decree are among the most publicized causes of kangaroo courts. A kangaroo court could also develop when the structure and operation of the forum result in an inferior brand of adjudication. A common example of this is when institutional disputants "repeat players" have excessive and unfair structural advantages over individual disputants "one-shot players".
The term kangaroo court is often erroneously believed to have its origin from the courts of Australia's penal colonies. In consequence of the Australian diggers' presence, it may have come about as a description of the hastily carried-out proceedings used to deal with the issue of claim jumping miners. An alternative theory is that as these courts are often convened quickly to deal with an immediate issue, they are called kangaroo courts as they have "jumped up" out of nowhere like a kangaroo.
Another possibility is that the phrase could refer to the pouch of a kangaroo, meaning the court is in someone's pocket. The term is sometimes used without any negative connotation. For example, many Major League Baseball and Minor League Baseball teams have a kangaroo court to punish players for errors and other mistakes on the field, as well as for being late for a game or practice, not wearing proper attire to road games, or having a messy locker in the clubhouse. Fines are allotted, and at the end of the year, the money collected is given to charity.
The organization may also use the money for a team party at the end of the season. Some examples of adjudication venues described as kangaroo courts are the People's Court Volksgerichtshof of Nazi Germany that convicted people who were suspected of being involved with the failed plot to assassinate Hitler on July 20, After a lengthy trial with a duration of five days, both were sentenced to death in absentia on August 19, During the Romanian Revolution in , President and Communist Party General Secretary Nicolae Ceausescu and his wife Elena were sentenced to death by a kangaroo court of soldiers from the Romanian People's Army , which recently switched to the side of the revolutionaries.
From Wikipedia, the free encyclopedia. For the song by Capital Cities, see Kangaroo Court song. Law portal. Merriam-Webster Dictionary. Retrieved November 11, Is "kangaroo" aborigine for "I don't know"? The Straight Dope. Retrieved October 1, Oxford English Dictionary.
The employee sued the company for unfair discharge, as well as the union for breach of its duty of fair representation. The court found against him on both grounds. The union could validly consider this in its decision on which cases it should take to arbitration and was neither arbitrary nor unfair in its decision of non-representation.
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Robeson v. Steel Corp. This is perhaps one of the dumbest cases of the year. Not only was it an inexcusable action, but everyone should know that there is now an electronic record of more and more in the workplace.
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All phone calls, all messages, all texts, all emails, all Internet use creates a record. Dambrot v. Central Mich. Cannot use words describing self.
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He sued the company for discrimination. The Federal Court dismissed the case. The company had a valid reason for enforcing its behavior policies equally. McCoy v. Hess Oil, et al. American International Group 3rd Cir.
A year-old attorney, at a higher level, was retained. It is virtually impossible for people at work not to make occasional reference to age, gender, physical condition, etc. The airport police routinely agreed to participate and make the prank seem real. She then sued. The court ruled that the officers, the police department and the company could all be liable for the resulting harm. Feurschbach v.
Southwest Airlines Co. Workplace horseplay got out of hand, escalating from verbal to throwing water balloons. When asked to stop, he squirted again.
The squirtee picked up a two pound chunk of metal and threw it at the squirter. He missed, but it was hard enough to cause injury if it had hit anyone, including the several bystanders. The company fired both the squirter and the thrower. No direct danger to others was the key. In other cases, discharges have been reversed when an employee lost his temper, hit a piece of equipment and threw things on the floor In re Whirlpool Corp.
In re Clay Equipment A co-worker placed a camera under the desk of two women and posted the pictures on a pornographic Web site.
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The women sued the company for maintaining a hostile environment and failing to take corrective action once it was aware of the situation. Kidder v. Ocwen Financial Corp. A female officer had to go through a decontamination process at a hospital, following a job-related exposure. While she was nude in the decontamination booth, with a female nurse, the male Deputy Chief and another male supervisor opened the door a few inches and videotaped the decontamination process.
The tape was then placed in a public computer folder which could be viewed by anyone with access to the county network. The officer filed a 42 U. The court did not accept this explanation.
The court found that there could be liability for the County and for the Deputy Chief in his personal capacity. Doe v.
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Luzerne Co. Orlando v. Alarm One, Inc. The company has also settled claims with three other spanked women and issued an apology to all other employees. It claims it was unaware of the unprofessional behavior of a few sales supervisors. The U. Supreme Court reversed a lower court decision in a promotion case.
The Supreme Court disagreed and remanded the case.
source link The term has been used so long and in such a pointed way toward African American men that it stands out as a well-known racial insult. Ash v. Tyson Foods S. Managers have a special duty of care for monitoring Equal Employment Opportunity. Department manager fired for telling jokes and non-cooperation in investigation. The company investigation cleared him of the charge of discriminatory decision-making. He was then fired due to violating company policy by telling the improper jokes.
The manager sued under state law for improper discharge. McGrory v. Applied Signal Tech, Inc.