Practical Employment Law Advice - Law Assignment Help

Assignment Task -                 
 

The assessment is practical in that you are required to demonstrate that you can:

1. Follow instructions exactly with relevant attention to detail;

2. Compile cogent written practical employment law advice to the two clients listed in this assessment;

3. Each client scenario is worth 20% of the overall course mark;

4. Your written advice MUST be written as a formal business letter to each client

5. The body of each formal business letter must be a minimum of 1250 words INCLUDING references to relevant authorities and NO MORE THAN 1500 words INCLUDING references to relevant authorities;

6. As this is a piece of LEGAL writing- the only acceptable referencing standard is AGLC 4; 

7. Your wordcount DOES NOT INCLUDE the letter formalities (i.e. address, names, greeting, date etc.) 

8. As it is 2 x business letters, NO BIBLIOGRAPHY IS REQUIRED

9. Your letter must use MS WORD, TIMES NEW ROMAN font, size 12, 1.5 line spacing and have the text justified. AGLC footnotes must be Times New Roman size 10 and single line spaced;

10. Your letter must incorporate a 4 STEP or IRAC approach to advising each client;

11. Your 2 x client letters must be uploaded via Turnitin as a single word document;

12. For the purposes of each formal letter you write, use your own name (or you may use a Company name that includes your name (e.g. Phil Glover & Co Pty) and the following address ‘Curtin Chambers, 57 Murray Street, Perth WA 6000’;

13. You have been given three (3) full weeks to prepare this assessment. Extensions will not be considered unless there are pressing medical reasons;

14. No further coaching or advice will be provided regarding this assessment;

15. Any evidence of collusion or plagiarism will be treated as assessment cheating and will be reported without exception to the University Student Discipline Panel 

16. A marking guide has been issued to demonstrate to you how the markers will be guided in the assessment of your work.

ASSESSMENT- Client 1 

Buster Gutt, 14 Ilford Road, Mosman Park, Perth 6101. 

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; 

(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.

ASSESSMENT –Client 2

Buba Bojangles, 714 Great Northern Highway, Margaret River 6285 adverse action 

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).

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