BULAW2642: Willis Case Study - Law Assignment Help

Assignment Task:

This assignment allows students to undertake independent research into a particular aspect of law, to consider particular legal issues and to apply legal knowledge and skills. It is important for you to think through how to structure and present your arguments, and to discuss what the law is. We are looking for a demonstrated understanding of employment law that requires you to use substantive law to support your argument. 

The maximum length of the assignment is 2,000 words. Please provide a word count with the assignment. You do not need to include the references in the word count. Regarding your referencing, a reference list is required. 

In writing your responses, make sure you answer the questions asked and address the criteria outlined in the Course Description. Most marks are given for analysis; very few marks are given for merely restating information (including the facts given below). 

You should note that the most important assessment criterion for this task is your ability to apply knowledge and present arguments to justify your analysis. Take care also to follow the presentation requirements and to note the warning about plagiarism in the Course Description. This is a task that requires forward planning and adequate time for research, reading and reflecting. You should begin researching early to gather information and establish a plan for your assignment as soon as possible.

Written assignment – 35% - Due Friday Week 8 at 11.59 pm. Submit through Moodle.

Topic: Answer all questions.  

Question 1

Willis works on a casual contract basis as a forklift driver for BMR. On Friday 2 July 2020, early in the morning, Willis drove the forklift out of his employer’s shed to start work. At around 10 am, he alighted from the forklift and commenced removing stock from the forklift restraints. At 10.15 am, a delivery truck driver parked close to where Willis was standing in the yard near the entrance of the main office. At 10.30 am Yulbe, another employee, drove another forklift from the shed with an insecure load. He parked adjacent to the delivery truck. Whilst having stock suspended from the forklift hoist, Yulbe moved forward with the suspended insecure stock and it fell to the ground (as often tended to happen). Yulbe then reversed the forklift to allow the delivery truck driver to depart so that he could start clearing the mess. Whilst reversing Yulbe struck Willis, crushing him between the back of the forklift and a stock tray connected to the forklift. Yulbe had reversed the forklift whilst looking forwards at the delivery truck, turning to look behind him only at about the point in time at which Willis was struck. While the event happened quickly, Willis did attempt to shout out but was not heard due to the noise of the forklift. When Yulbe drove forward, Willis fell to the ground. Two other fellow workers ran to render assistance. The workers went back through the office entrance and called the ambulance. The worksite manager informed the operator that Willis had fallen a distance of approximately one metre from the back of the truck. The Ambulance Service vehicle promptly arrived and paramedics provided assistance to Willis. At about 11.07 am Willis was taken by ambulance to the Hospital but he died from the injuries sustained eight days later. Outline the potential issues and liability arising with reference to OHS law. (20 marks)

Question 2

In considering the Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019 explain how this statute has relevance to the facts above and identify the possible implications for those involved.