Highlights
Employment Law – Assessment 1 Answer both questions
Edward is employed by Acme Engineering Pty Ltd in a small town in Western Australia. They are the major employer in the local area. Edward has been employed by Acme since 15 November 2019.
He earns $130,000 (inclusive of super) per year, plus a $10,000 discretionary bonus. His employment is covered by the Manufacturing and Associated Industries and Occupations Award 2010. On Wednesday 10 June 2020 Edward’s Manager, Freda, organises a party after work, on Acme’s premises to celebrate Edward’s 70th birthday.
Twenty of Acme’s other employees attend the party. Acme supplies food and drink (including alcoholic drinks) for the employees to serve themselves. At the party Edward and Freda become intoxicated and start racing fork-lift trucks around the warehouse at high speed.
On a number of occasions they narrowly miss hitting other employees. The vehicles crash into each other and minor damage is caused to the vehicles (less than $200 of damage).
Edward and Freda are not injured. The next day as soon as Edward arrives at work (at 9am) he is approached by the Head of Human Resources, George. George says to Edward: “Hope you enjoyed your party last night, can’t believe you didn’t invite me! I want to meet with you at 3pm in the board room. You’re in big trouble.”
At 3pm Edward meets with George in the board room. George says to Edward: “I know what happened last night, we’ve decided we’ve got no choice but to let you go. You can work out your notice period and finish up next week.”
George then says “This meeting’s over” and hands Edward a letter which says: “Dear Edward, You are being given one week’s notice of termination of employment. Your employment will terminate at close of business on Friday 19 June 2020”.
Edward continues to work for Acme until the end of Friday 19 June 2020. During this time he learns that Freda has been given a formal written warning regarding the incidents at the birthday party, but has been allowed to keep her job.
The following Friday (26 June 2020) Edward approaches your law firm and seeks advice regarding a claim against Acme in unfair dismissal.
Advise Edward on whether he is able to bring an unfair dismissal claim against Acme and the prospects of success in doing so. You are not required to advise on any other potential claim aside from in unfair dismissal for the purpose of this question. (30 marks)
“The Fair Work Act 2009 is set up to favour employees over small businesses” – explain whether you agree with this statement by reference to any of the matters covered in Weeks 1 to 6. (20 marks)
PLS USE AUSTRALIAN, NSW CASE LAWS AND RELEVANT LEGISLATIONS.
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