HOS209 - Business Law - Employment Law Case Study - Employment Entitlements - Law Assignment Help

Assignment Task

Employment Law Case Study 
Tom and Harry own a restaurant located at the heart of Sydney CBD. New Year’s  Eve is approaching and they are preparing the roster. The only really busy day in Christmas/New Year Period is New Year's Eve. 
James is the Executive chef, and he does not like working with Rica the Sous chef.  He has provided negative feedback about Rica to Tom and Harry. James makes life  difficult for Ricca in the kitchen, not ordering all the ingredients for her section,  keeping her section short of staff, and yelling at her in front of other staff when she or  another member of her team makes any mistake. James has suggested to Tom and  Harry to hire a male Sous chef as he believes that male chefs fit in kitchen teams  better than female chefs do.

Steve, the Head chef, has asked for his annual leave for the Christmas/New Year  period. Steve has accumulated 8 weeks of annual leave. He requested this leave  from Tom and Harry at the beginning of the year and he has been filling in for other  staff when they were on leave. He assumed that his leave was granted and planned  and booked to take his whole family overseas to attend his sister’s wedding.  However, Steve’s request for leave was formally denied two weeks before  Christmas. He was told that it was the busiest time of the year for the business and  he was needed because James and Ricca are not working well together. Steve told  both Tom and Harry that he has already committed to his travel plans and that he will  be taking his leave regardless. Tom told Steve that if he takes the leave, his  employment will be automatically terminated. 

Tom and Harry are considering terminating Amanda's employment as she is  expecting her first child and they did not want to pay her maternity leave and worry  about the need to reorganize staff to accommodate for her situation. They were  thinking of restructuring the organization and make Amanda’s front-of-house position  redundant. 
Emma, an international Commercial Cookery student, is a casual kitchen hand but  sometimes has the responsibilities of a Commis Chef. Emma requested she gets  paid cash in hand as this is her second job and she is legally allowed to work only 20  hours per week on her student visa. Emma complains that the other kitchen hands  get paid more than her and yet she has been working longer than the others and is  given the responsibility to supervise the other kitchen hands. Tom and Harry have  done nothing about Emma’s complaint. 

Yasmin, a young waitress, is a Muslim. She is very hardworking and customers  compliment her on her cheerful smile and positive attitude. She has been in low  spirits recently because the kitchen staff are making fun of her for wearing her hijab.  She has not had the courage to approach Tom and Harry or Amanda - her line  manager.

Questions 
1. List the relevant legislation for Employment Law.
2. What should be included in an employment agreement? 
3. List and describe the actual and potential breaches of employment law in  this case study. 
4. List and describe the different types of discrimination, harassment, and  bullying recognized by the employment law. Is there any discrimination,  harassment, or bullying in this case study? Explain your answer and  support your assertions. 
5. What are the main responsibilities Tom and Harry have under the  employment law? 
6. What is the appropriate procedure to follow when terminating an  employee's employment? What situations (or potential situations) in this  case study, if any, may contravene the legal procedures for terminating  staff? 
7. In regards to requesting and granting leave: What are Steve’s rights as an  employee? What are Tom and Harry’s rights as employers? If Tom and  Harry came to you and asked for your advice after Steve indicated that he  was going to complain, what advice would you give them? 
8. List the government organizations that support both employers and  employees with employment law matters? Which staff members in this  case study could go to one of these organizations? Can Emma seek any  support from these organisations or from the union?

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