Page 5 - SCS May 2018 - Day 2 Suggested Solutions

SUGGESTED SOLUTIONS

property of the company and not the individual – after all, that is what the employee is being paid
to do! This would then presumably invalidate any claim that Tom Kelly may be making today; if he
was employed to generate ideas, and he did indeed come up with the basic storyline for ‘The
Politics Game’, it is irrelevant that he was subsequently dismissed from the company. The
company still owns the IP to the show, and the claim of plagiarism has no grounds.

Javier Mercot

Javier should be asked if he has any recollection about Tom Kelly and his alleged time working in
his department. He should also be asked who the direct line manager was that Tom Kelly reported
to.

It is worrying that a middle manager might be trying to make themself look better by pretending
that they have come up with an idea for a great show, and protect themselves by firing the
member of staff who was really the inspiration. This would create a rotten culture within our
organisation, and lead to a loss of true talent under false pretences. Is Javier aware of any other
such instances in his department, where an employee working in the area of new ideas has been
sacked for alleged under-performance? If so, what checks are made to ensure that the dismissal is
on proper grounds?

Legal advisors

After carrying out the background checks already mentioned, Couchweb should approach its
lawyers and let them know about the potential claim of plagiarism. All the necessary
documentation should be provided so that an informed legal opinion about the validity of any
claim and its value can be assessed. It is probably only after such steps that any announcement
should be made to the Stock Exchange; again, legal advice on whether such a statement is
needed, and when, should be sought.

Instant settlement

Couchweb does have the option of making an offer to Tom Kelly to settle his claim straightaway,
without prejudice (i.e. with no admittance of wrong-doing). It may be that he would be willing to
settle for a far lesser sum than $100 million, in order to have certainty of cash now rather than
the uncertainty that any trial may bring.

However, this should not be done until a full assessment of his claim has been made; Couchweb
does not want to be hit with future spurious claims from people who see the company as an easy
target.

Review of HR controls

As a result of all the research above, if it is found that there has been any lapse in HR controls,
these will need to be formally addressed. It might be worth getting our internal audit department
to do a full review of HR policy and contracts to ensure that Couchweb is fully compliant with
current HR legislation.

KAPLAN PUBLISHING 61