Practical Employment Law Advice & Australian Television Network (ATV) - Law Assignment Help

Assignment Task -                 
 

ASSESSMENT- Client 1 

Up until his dismissal on November 2nd 2020, Buster was employed by a major Australian television network (ATV) as a children’s entertainer. He had worked in the role for over 20 years. It was a full-time, permanent role. The character that Buster portrayed was a Koala Bear. To get into character, Buster had to wear a bear costume. The costume was uncomfortable and the role did not pay very well ($60,000 per year) for the work involved, but Buster loved it.

At the time of his dismissal, Buster was called into a meeting with his line manager and handed a letter of termination. The letter contained two reasons for his dismissal, namely that:

(1) the employee has engaged in sexual harassment in that, on or around 24th October 2020, he had stated to a younger female co-worker that ‘I can ‘bearly’ contain my love for you’. This caused the female co-worker to feel deeply uncomfortable and to tender her resignation; and

(2) the employee has displayed a ‘grizzly’ attitude in the last few months, being uncooperative with both management and other staff.

Upon receiving the letter, Buster was devastated. In his view, the first reason had been blown massively out of proportion by management. Upon Buster’s recollection, the young female co-worker had been having a particularly tough time (her beloved pet dog had passed away earlier that week) and he had been trying to cheer her up.

He had meant the statement to be comforting; it did not have a sexual connotation. Similarly, he felt that the second reason was unfair. Six months ago, Buster’s partner of over 10 years had left him for an extremely wealthy businessperson. He had been struggling to cope and readily acknowledged he had been irritable, but felt that dismissal was disproportionate.

Buster put forward his position to his manager at the meeting. The manager indicated that he understood Buster’s position, but that, nonetheless, Buster’s behaviour had been unacceptable and that the dismissal would stand. Buster asked if he could meet again with the manager in a week’s time, and this time bring an official from the union, but the manager said no.

Buster has visited you last week and instructs you that he wants his job back.

1. Write a formal business letter containing advice to Buster as to your informed legal opinion as to the likely success of an application for an unfair dismissal remedy pursuant to Part 3-2 of the Fair Work Act 2009 (Cth). Assume that the application for an unfair dismissal remedy will be made within the required timeframe. In your response, include a comment with respect to remedy. If further information is required, state what it is, and why you require it. You should use the 4-Step or IRAC style to structure your response. Support your answer with relevant legal authority. ***Do not discuss adverse action (i.e. Part 3-1 of the Fair Work Act 2009 (Cth))***.

ASSESSMENT –Client 2 

Buba is employed at a Perth-based construction company. After a near-miss incident last year, Buba became more safety conscious, and was recently elected as a safety and health representative pursuant to the Occupational Safety and Health Act 1984 (WA). One afternoon, while on-site at a large-scale construction project, Buba noticed a co-worker using an unguarded machine.

He was concerned by this and issued a Provisional Improvement Notice (the notice required the construction company to install a guard on the machine within a fortnight) in accordance with Part VI, Division 2 of the Occupational Safety and Health Act 1984 (WA). Management at the construction company were not pleased by this development, and called Buba into a meeting. They indicated to him that he should not have issued the Provisional Improvement Notice, and that, if he continued to unreasonably disrupt their operations by issuing unwarranted Provisional Improvement Notices, he could face disciplinary measures. Buba was concerned by this, and spoke to the local union delegate. The delegate convinced Buba to join the union. A few months later, some of the employees at the construction company, including Buba, went on strike as part of a campaign of protected industrial action (they were in the midst of bargaining).

Shortly after the end of the strike, management again called Buba in for a meeting, at which they quizzed him on his participation in the protected industrial action. A month later Buba received a letter from the Human Resources Manager in which he was advised that he was being dismissed due to poor performance and that he would receive payment in lieu of notice of termination.

Buba is convinced that he has been dismissed because of his role as a safety and health representative and his involvement in the protected industrial action (Buba has a copy of his last four performance reviews, each of which rated him at “meeting expectations” or higher).  

Assume that the construction company is a constitutional corporation. Write a formal business letter complying with all other assessment instructions and advise Buba on his likely success if he were to make an application alleging that he had been the subject of unlawful adverse action in breach of Part 3-1 of the Fair Work Act 2009 (Cth). You should incorporate the 4-Step or IRAC style to structure your response. Support your answer with relevant legal authority. Support your answer with legal authority. Do NOT consider unfair dismissal, i.e. Part 3-2 of the Fair Work Act 2009 (Cth).

This Law Assignment has been solved by our Law Experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment Experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.