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Question 1: Steven has worked for TB Tyre and Brake Sales for 3 months. Steven has never received any details of notice periods (or anything else) from TB Tyre and Brake Sales, but now has been told that he is no longer required by the company and that he must leave at the end of the day. Discuss whether TB Tyre and Brake Sales acting within the law with reference to legislation and to case law.
Question 2: Donna works for the Clothes Horse fashion shop and has worked there for e two years. She is caught stealing $200.00 from the till and admits she has done it before. Does Clothes Horse have a potentially fair reason to dismiss Donna? Discuss this with reference to case law and legislation and determine whether Donna should claim for unfair dismissal if the Clothes Horse does in fact dismiss her.
Question 3: Janet has been the chief designer and creator for Bespoke Bloomers, a lingerie manufacturer for over twenty years. As this business deals exclusively with clients who insist on complete discretion Janet often fits clients at their own homes and hand delivers each piece upon completion. Janet has worked for the owners of Bespoke Bloomers, Eddie and Freddie, since they met at Rogues night club in the nineteen-eighties and after teaching her all she knows, including some very important secrets as to forming final pieces, they now tend to allow her to run the business as she sees fit, whilst enjoying healthy profits each year and a well known reputation (among those who can afford the pieces). During a trade fair in Paris Janet is offered a lucrative contract for her services in Australia under the the umbrella of Gualliano Garments if she will leave Bespoke Bloomers and commence her own business. In agreeing to this arrangement all materials would be supplied direct from Paris equipment would be provided by Gualliano Garments for her in Australia. Janet would use her extensive knowledge of lingerie and her client list to pursue her own business. When Janet returns home to Australia she advises Eddie and Freddie she will be finishing up with them in one month, however she does not let them know about her plans to work for Guialliano Garments and she uses that final month to ensure she has all contact details for all of the clients of Bespoke Bloomers. Advise Eddie and Freddie as to any legal recourse they may have in this unfortunate situation and also Janet as to how she may protect her own reputation. There were no contracts signed by the parties involved.
Question 4: Alex is an inspector with WorkCover (NSW) (or the equivalent for the state you reside in). You are the workshop manager of Ain’t it Grand Pty Ltd, which manufactures letter openers and paperweights which are also three or four piece puzzles. Alex comes to see you one day and wants to know what the Occupational Health and Safety policy of Ain’t it Grand Pty Ltd is and what it entails. Ain’t it Grand manufactures very substantial paperweights and use processors who lift them into position by hand and then use hydraulic jacks to lift boxes of the paperweights. The reason for Alex’s visit is that a number of workers have been injured assembling the component parts of the paperweights, which are puzzle replica’s of famous buildings.
When the paperweights are completed they are transported by truck to a holding shed adjacent to the workshop. The trucks are driven by Theo who supplies his own truck, pays his own running costs and charges Ain’t it Grand Pty Ltd by the loads completed each day. Theo has always loaded the truck with a home made lifting device which Thoe made himself and of which he is very proud. While Alex is at the premises he asks Theo whether the loading machine has been patented. Theo says “no”.
Alex suggests that a risk assessment should take place and a report made within the next week for WorkCover. With reference to legislation and case law, discuss what should take place and what should be included in the report? Further advise Alex as to what action should take place in relation to the matters he has observed. Subject Overview: A study of the individual aspects of the Australian labour Law with primary emphasis on the Federal system. Federal labour powers, enterprise bargaining, enterprise agreements, contracts of employment, courts of law, discrimination and occupational health and safety and workers compensation issues. Learning objectives – be able to evaluate and describe the basic principles of employment law. In particular they will describe individual and collective aspects of employment law and, legal aspects of employment, occupational health and safety and discrimination. ?Analyse the legal principles of Australian law in problem solving exercises; ?Critically engage with the legal principles of Australian employment law using theoretical perspectives; and ?Analyse emerging and contemporary issues in Australian work relations. Text and Learning Materials Prescribed text(s) Sappideen, C, O’Grady, P & Warburton, G (2011) Macken’s Law of Employment; Lawbook Co.; Sydney. Johnstone, P (2004) Occupational Health and Safety: Law and Practice; Lawbook Co., Sydney Required reading / resources All Australian legislation is available through the austlii website at http:// www.austlii.edu.au (http://%20www.austlii.edu.au/) This site also contains the full text of cases decided in both state and federal courts. It also has links to other useful sites. NSW Legislation is available at www.legislation.nsw.gov.au (http://www.legislation.nsw.gov.au/) Refer to the Fair Work Act (Clth) 2009 and the Occupational Health and Safety Act 2000 (NSW), or the Act for your state. Recommended reading / resources Books: Price R. & Nielsen J. Principles of employment Law (4th ed) 2012 Lawbook Co. Thomson Reuters Stewart, A (2009) Stewart’s Guide to Employment Law; (2nd ed.).The Federation Press: Sydney. Owens, R & Riley, J (2007) The Law of Work; OUP: South Melbourne. Ronalds, C (2008) Discrimination Law and Practice; The Federation Press: Sydney. Professional Journal : Australian Journal of Labour Law (Butterworths). CCH (2008) Australian Master Human Relations Guide; CCH: North Ryde. Workers Compensation legislation and Occupational Health and Safety legislation in their state or territory. Dictionary Butterworths Concise Legal dictionary The CCH Macquarie Duhaime’s online dictionary (Canadian not USA more accurate for Australia) at: http://www.duhaime.org/LegalDictionary.aspx Also of use: http://www.weblaw.edu.au/display_page.phtml?WebLaw_Page=Occupational+Health+%26+Safety+Law 1 internet source only Presentation General 1. Assignments must be neat and legible, preferably typed. Use A4 paper. 2. A consistent system of footnotes and references is required. Case names should be placed in italics or underlined. 3. Assignments must be original. They should demonstrate that students not only have read and understood the study guide and prescribed readings, but also have broadened their knowledge by having read other reference works. Marks will not be awarded for regurgitation of the study guide. 4. Assignments should have complete bibliography, listing all books and articles consulted. Beware of using the unacknowledged work of others. Plagiarism will result in zero marks 5. There must be a margin of at least 5 cm (2 inches) on the left-hand side of the paper. Rationale This assignment has been designed to – gather and integrate your knowledge on the topics covered thus far – investigate in depth the cases, rulings and legislation that are fundamental to taxation law – demonstrate your ability to apply that knowledge to a hypothetical, practical situation – exercise critical and reflective judgement – demonstrate your ability to conduct research using provided materials as well as other legal resources – develop your written skills – demonstrate time management skills. Marks will depend upon the degree in which the understanding of the topics covered thus far are demonstrated, and the overall presentation of the essay.
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