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Human Resources - Unfair dismissal Case Study Assignment

Case study 1: Homes v Coles Group Limited

Requirement: -

• Introduction

• Use IRAC method

• Section and sub section

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Answer -

1.1 Introduction

In this report, the case of Homes v Coles Group Limited will be discussed in the IRAC method. The report will include issue, rules, analysis and conclusion of the case study.

1.2 Issue

The issue of this case study is stated below.

Whether the dismissal of the worker by Coles Warehouse was fair or not who found to be stealing Milo from organisation breakroom?

1.3 Rule

The rules of the Fair Work Commission are applicable in this case. The rules under this commission said a worker would be considered to be unfairly dismissed if the dismissal has been done for unjust and harsh reasons and if the case is not proved to a case of genuine redundancy (Australia.gov.au, 2019). The act which applies to this case is the Fair Work Act 2009, and the criteria which apply to this case is defined under section 387of the Fair Work Act 2009. Any worker founding eligible according to 394 subsections (1) of the Fair Work Act can file a case against the employers under this rule Legislation.gov.au. (2019). The remedy, in this case, has to be awarded according to the guideline of section 392 of the Fair Work Act 2009.

1.4 Analysis

The analysis of this case shows that the FWC found the dismissal of the worker to be unfair. The worker was dismissed after he was found to be taking Milo from the break room which was provided to the staff by Coles Warehouse to drink in their break time only to consume it during his working period. Also, when he was asked about it, he lied at first but later admitted to the same. This case is a prime example of unfair dismissal as the crime of the worker does not fit the punishment given to him (FWC Main Site, 2019). The worker dismissal reason was given to be serious and willful behaviour, which seems to be a harsh and unfair verdict due to many reasons. The first reason is that the worker was not taking or stealing any product that is not meant for his consumption as the Milo was kept for the consumption of the employees only. Therefore, this can be concluded as a break of the protocol by the employee but cannot be considered as serious and willful behaviour as no serious harm is done to other employee or company or any other stakeholders of the company due to this conduct of the employee. The second reason is that the consumption of Milo has been done in the working premise only, for this reason, it cannot be considered to be theft, and this forms another point to for considering this dismissal as unfair (FWC Main Site, 2019).

The third reason is that the person was not prepared mentally when first asked and that is the reason for his lying, but later he admitted his fault when he had time to think about it which can also be considered to be a normal human action. This is the reason that this action also cannot be considered to be a serious and willful behaviour as it required the action to be harming any individual or stakeholder. Therefore, under the Fair Work Act, this dismissal found to be unjust and harsh as it does not meet the criteria defined in section 387 of the Fair Work Act. After this finding the dismissal to be unfair, the worker was reinstated and given the full compensation on the period in which he was remained terminated before this verdict which was according to the remedy prescribed in section 392 of Fair Work Act 2009.

1.5 Conclusion

From, the above analysis of the different rules and regulation applicable to this case, it can be concluded that the worker was dismissed unfairly under the Fair Work Act. Due to this fact, FWC has given the verdict in favour of the employee and reinstated him and awarded him his lost remuneration for the full period between the dismissal and reinstatement.

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Case study 2 - Summary dismissel or summary termination

Wrote about how employers need more than a valid reason to sack an employee. In the case of John v The Star Pty Ltd [2014] FWC 543 the worker (Matthew John) was summarily dismissed (basically, without notice or warning) as it was alleged that his conduct amounted to a serious breach of his duties.

Requirement:-

• Introduction

• Use IRAC method

• Section and sub section

Answer -

2.1 Introduction

In this report, the case of John v The Star Pty Ltd will be discussed under the IRAC method. The report will include the description of the issues, rules, analysis and conclusion of the case study,

2.2 Issue

The issue of this case study has been summarized in the question form in the section below.

Whether the summary dismissal of John by The Star Casino management due to John allowing a minor to enter the casino and not verifying her identity properly is reasonable or not?

2.3 Rule

The rule that applies to this case falls under the Fair Work Act 2009, and the section which applies to this case study is section 387 of the Fair Work Act 2009 which stated the criteria under which the dismissal will be considered as harsh or unfair under this regulation.

2.4 Analysis

The analysis of this case shows that although John had made a grave mistake in allowing a minor to enter the casino and not properly checking her identification but the circumstances in which he has been dismissed by the organisation and even the dismissal itself is unjust due to many reasons. The first reason is that the employee was not given proper time to prepare his defence and was dismissed as soon as the allegation against him was conveyed to him. This means no time was given to him to prepare his defence, which results in concluding that natural justice was denied to the employee. The second reason is that the unreasonable expectation in a bad working condition as it has been stated in the workload of the employee was high and he was not given adequate staff to his monitored entrance area which leads to a stressful situation for the employee. This situation leads to the employee making that mistake in this duty. The third reason is that this was the first mistake of the employee and also was not an adequate significant mistake to warrant summary dismissal by The Star Casino. For all these reasons, the dismissal is found to unjust and harsh according to the standard stated in the Fair Work Act 2009.

2.5 Conclusion

From this above analysis, it can be concluded that John was dismissed from his job of a security officer at The Star Casino unfairly with giving proper time for defending himself by the organisation under Fair Work Act 2009 after found to be allowing a minor to enter the casino without checking her identification.

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Essay type question - Question 1: - Minimum work condition for Australian worker.

Requirement: - Introduction, body and conclusion (essay type)

• Term and condition

• The fair work ACT

• National employment standard

• Objectives

• One example

Answer -

3.1 Introduction

In this essay, the different legal aspects of the minimum work condition for the Australian workers will be discussed. Some of the legal aspects which will be discussed in this essay are the term and condition in which the Australian Workers works, the different aspects of the Fair Work Act 2009 relating to the working condition of the Australian Workers, national employment standards, objectives and examples.

3.2 Term and condition

The term and conditions of the minimum working conditions of Australian Workers have been stated in the National employment standards (Part 2-2), and it applies to all full-time employees working in the Australian market.

3.3 The fair work ACT

The Fair Work Act is made to ensure that the workplace condition in Australia is fair and healthy. Also, it ensures that no worker faces any types of injustice or discrimination in his workplace. It also ensures that there is a balance in the personal and working life of an Australian worker.

3.4 National employment standards

Under the National employment standards, the employers have to provide at least ten minimum employment entitlement have to give to all employees. Those ten minimum employment entitlements will be discussed here. The first employment entitlement is that a full-time employee cannot work more than 38 hours per week. The second entitlement is an employee working for 12 months or more than that period in an organisation can request for flexibility in working arrangements like location or working hour of work.

The third entitlement is getting different types of maternal and parental leave like maternal leave. The fourth entitlement is getting four weeks of annual leave. The fifth entitlement is getting different leaves like personal leave or compassionate leave due to justified reasons. The sixth entitlement is community service leave for such activities such as jury duty or voluntary emergency management activities. The seventh entitlement is long service leave, which the worker gets after working in the organisation for seven years. The eighth entitlement is getting public holiday leave. The ninth entitlement is the getting proper notice of termination and redundancy pay. The tenth entitlement is providing all employee fair work information statement after they join the organisation to make aware of different policies regarding their job (Fairwork.gov.au, 2019).

3.5 Objectives

The objective of these minimum work conditions for Australian Workers and Fair Work Act is to create a healthy working environment and labour market for the workers working in the Australian market to ensure that workers get adequate compensation, benefit and have job security.

3.6 One example

One example in which the Fair Work Act will applicable is when a full-time worker is made to work more than 38 hours per week without extra compensation. Then that employee can file a case against the employer for extra compensation under the Fair Work Act 2009 and get extra compensation for the extra hours worked by him.

3.7 Conclusion

From the above-stated points, it can be concluded that the Australian labour rules and regulations made in a way that Australian Labour market is found to be fair and labour friendly market.

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Question2: - Explain briefly the objective of the law in fair work act. Why do we need fair work act?

Requirement:- Introduction, body and conclusion (essay type)

• National employment standard

• Objectives

• When breaches the contract

• One example

Answer -

4.1 Introduction

In this essay, the objective and requirement of the Fair Work Act in the Australian market will be discussed from different perspectives like the need of the national employment standards, objectives of this act, the repercussions when a contract under it is breached. Also, one example will be given in which the fair work act has helped to solve an employee-employer dispute.

4.2 National employment standard

The national employment standard is needed in the Australian labour market as it helps the employee get adequate leave in the form of different types of leave entitlement that National employment standards provide to all employees like maternal and parental leave, long service leave, annual leave and many other leaves like these. These leaves help the employee create a work-life balance, and this creates a healthy situation in Australian society. Therefore, the Fair Work Act under which the workers get these entitlements are required to create a healthy environment in the Australian market. Then these national employment standards also ensure that workers are aware of their rights through fair work statement and get adequate rest by setting the maximum working hour per week at 38 hours per week. Also, it protects the workers against unfair dismissal to some extent by ensuring the employees get proper notice period of termination and redundancy pay. Therefore, all these entitlements under the National Employment Standards of the Fair Work Act are needed to make the Australian labour market fair and healthy.

4.3 Objectives

There are some objectives of the Fair Work Act 2009 for which this act have been done, and these objectives will be discussed here. The first objective is meeting the living standard and required of low paid workers. The second objective is to increase the collective bargaining of the workers in the Australian market. The third objective is to encourage a flexible working environment in the Australian market. The fourth objective is to create equal and fair compensation and award based system, which will be based on the performance. The fifth objective is to increase the employment growth and economic growth of Australian. All these are the above stated are the objectives of the Fair Work Act 2009.

4.4 When breaches the contract

The bargaining representative can make a declaration of a serious breach of contract of that employee under the Fair Work Act, and if the declaration is found to be substantial and serious and found to be significantly undermining agreement made in the contract, then that case is accepted under Fair Work Act. If the breach is proved in the Fair Work Commission, then the proper compensation and other reward are ordered to be given to the grieved party by the party who has breached the contract.

4.5 One example

One example of why Fair Work Act is needed is that suppose; there is no Fair Work Act, then the management of an organisation in Australian market can dismiss a worker with giving proper notice of termination showing a weak reason. On the other hand, currently under the Fair Work Act, if any organisation found to dismiss or terminate a worker due to unfair reason, then the employee will not only have to be reinstated but will also be awarded compensation for the period he remained terminated.

4.6 Conclusion

From the above point, it can be concluded that Fair Work Act plays a very vital role in the Australian labour market as it makes the Australian labour market more fair and healthy in which the workers can trust to get justice for any injustices or unfair decisions taken against them.

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