Topic:  Employment Relations Law Take Home Exam

1 Files0. Aust_Guide_to_Legal_Citation.pdf 08:09 01 Sep 2011 3.15MbPreferred language style: English (U.K.)

Instructions:
?YOU MUST AND SHOULD ANSWER FOUR (4) QUESTIONS
?YOU MAY ANSWER THE FOUR QUESTIONS BELOW
?PLEASE INDICATE CLEARLY WHICH QUESTION IS ANSWERED
?EACH ANSWER IS WORTH 10 MARKS EACH (TOTAL = 40 MARKS)
*Please use only Australian Law to answer these questions.
*Please use the Australian Law referencing system / footnoting [Please see attached document for guide].
*Please use correct Australian spelling and grammar.
*Please just answer the question directly.
Hints for answering exam questions:
?Consider all plausible arguments/claims/defences/issues. Where you think one may not be successful it is better to acknowledge its existence and explain why you think it would not be successful than to ignore it all together
?With problem questions there are always factual gaps ? if such a gap is important to your answer, explain what further information is needed and what difference it would make tot your answer
?The citation of cases is not absolutely necessary but useful if relevant to the point of law you are considering. The name of the case is sufficient (do not worry about the full citation)
?The same can be said for legislation. Reference to section numbers is always best but a simple reference to the name of the Act is sufficient if the broad effect of the legislation is what is being discussed.
?Feel free to abbreviate as long as the abbreviation is defined. Eg the Occupational Heath and Safety act 2000 (NSW) could easily become the “OHS Act” after the first reference to it.)
?Textbooks are not sources of law but either signposts to the legislation or cases (common law) or sources of opinion.

Exam Problems/ Questions:
QUESTION 1: There are a number of different sources of legal obligations for employers with respect to their employees.
Explain the various sources of obligations and entitlements and where relevant, how the various sources intersect.
(10 MARKS
QUESTION 2
Compare and contrast claims made arising from wrongful termination at common law and unfair dismissal under the Fair Work Act 2009.
Explain in your answer the availability to, and the advantages and disadvantages for employees whose employment has been terminated of each type of claim.
(10 MARKS)

QUESTION 4
Answer (a), (b) and (c)
A Company is negotiating with a Union (which is the Bargaining Representative for the relevant employees) for an enterprise agreement.
The parties have agreed on all outstanding matters except for a claim by the Union that the Company should take out and maintain a policy of insurance covering all the employees against loss of income in the event of non-work related illness or injury.
The Union thinks the negotiations have gone on long enough and that the company is holding out. The Union wants the employees to engage in industrial action in support of the outstanding claim.
(a) Explain what steps the Union has to take in order to engage in industrial action which is protected industrial action under the Fair Work Act 2009. (4 marks)
(b) What are the dangers for the employees and the Union if the proposed action is not ‘protected action’? (4 marks)
(c) Do you think the proposed industrial action (referred to above) could be protected under the Act? (2 marks)

QUESTION 5
Jill until recently was employed by Ajax Limited on a fulltime basis for 5 years. Ajax Limited employs 54 employees. Jill was paid $120,000 per annum, but the terms and conditions of her employment are covered by an enterprise agreement.
On 28 July 2010 her manager, Mr Smith called her into his office for a meeting. Mr Smith advised Jill that the meeting had been called to discuss her work performance. He advised her that he was far from happy with her work performance and attitude and that he considered it best for all concerned if she resigned. Prior to this meeting, Jill had always thought that she had been doing a good job, and had heard nothing to the contrary from Ajax Ltd.
Jill attempted to clarify with Mr Smith the nature of his concerns, but was met with the response that: “it would be better for all of us in the long run if you finish up today. If you go today I will arrange for an appropriate reference, but if you don’t we will be obliged to let you go soon. You admit yourself that you are not a team player and this organisation needs team players.”
At the end of the meeting Jill was very upset and tendered her resignation and then left the workplace. The next day however she had second thoughts and realised it was going to be very difficult for her to find another job. .She therefore wrote to Ajax Ltd and asked that she be given her job back.
Ajax wrote back saying:
(a) Jill had resigned and they saw no reason why they should give her her job back; and
(b) In any event Mr Smith had lost confidence in Jill and felt he could not work with her again in view of his belief that she was a poor worker.
Jill has come to see you to seek your advice.
Advise Jill on:
a)what claims she may be able to bring under the common law or the Fair Work Act, (6 marks) and
b)the respective strengths and weaknesses of those claims (4 marks)

*Please use Australian Laws only
*Please answer each question separate.
*Please don’t exceed word limit.
*Please use Australian English
*

Aust_Guide_to_Legal_Citation.pdf 3073K   View   Download