-
+1 - 312-224-1615
Get in touch with us
-
support@helpwithassignment.com
Send us an e-mail
Solution Library
Scenario Analysis: Federal Unfair Dismissal and remedies against it
Question
Allan had been employed by EW Services Pty Ltd for six years. The company, which employed 150 workers, operated an engineering workshop serving the local mining industry. Allan was employed by the company to do welding work. He worked regular overtime on weekdays. His employment was terminated because he failed to report for overtime work on the preceding Saturday. The nature of the company's business was such that, from time to time, it would be asked to provide immediate service. A delay in the provision or repair of equipment urgently required for a mining operation could cause a customer significant loss. On Thursday, 14 April, it became apparent that it would be necessary to have employees work on the following Saturday. The office manager, Robert, spoke to the individuals they needed, including Allan. He told Allan that he was required to work for four hours on the Saturday. Allan refused and failed to attend. Robert prepared a note addressed to Allan and handed it to him. The note read: “As you have on several occasions refused to work overtime we must advise that this is an official warning that you must work overtime when customers' timing dictates. Failure to comply with this notice will result in termination.” Allan then consulted a solicitor who sent a letter to the company alleging Allan had been victimized. The letter said that Allan did not accept the official warning as such overtime requirements had not been asked of other employees of the company; and neither had Allan been given any previous warning about his work performance. It also stated that the company was treating Allan disrespectfully and subjecting him to severe mental and physical stress. He was not asked to work Saturday overtime again until 27th May. Early that day, the company received an urgent order from a customer. Robert told the relevant employees that he wanted them to work tomorrow. Allan refused. Later, Robert approached Allan privately and said to him: "Allan, you need to turn up tomorrow. If you don't, you’ll be dismissed”. Allan made no reply. Upon arrival at work on the Monday morning Robert terminated Allan’s employment with immediate effect. No payment in lieu of notice was made. In his last week with the company, Allan had worked a total of 48 hours; that is, 38 standard hours, two hours regular overtime and eight hours additional overtime.
1. Is Allan able to bring a federal unfair dismissal claim?
2. Assuming Allan is able to bring such a claim, discuss whether or not his termination has been harsh, unjust or unreasonable with respect to:
(a) The substantive reason for the dismissal.
(b) The procedural fairness of the dismissal.
(Your answer must contain references to the relevant sections of the Fair Work Act 2009 (Cth).
3. Discuss the allegations of victimization with respect to the general protections provisions of the Fair Work Act 2009 (Cth).
Summary
The question belongs to Law and particularly to labor laws. This question is about Allan, a worker in an engineering workshop who was victimized and terminated from services for not taking up overtime on Saturdays. Legal remedies for Allan have been suggested in the solution.
Total Word Count 986
WHAT OUR STUDENTS SAY
1. As my parents are both cost accountants, I thought that accounting is my blood. However, everything is not that easy as I often failed to match my trial balance and was finding it problematic to write my cash-flow statements. I knew I need assistance apart from the help that I get from my accounting professor. So when I saw TheReliableTutor.com, I was happy as they helped me solve my accounting homework. I even got good grades now.
Xavier Giovani Student
The online chemical engineering transport phenomenon assignment help experts at HwA are very professional and dedicated to helping us students. Thanks to their efforts I now have a better understanding of the transport phenomenon and also my grades have improved a lot.
Beverly Miller Student
During my MBAs, Economics was never my strength. I often took help from HwA and they helped me get good grades. But eventually, as I was reading through a demand-supply analysis economics solution provided by them, I started to gain some interest. I chatted with the econ tutor of HwA for an hour and believe it or not, I fell in love with the subject.
Brandon Taylor Student
The math tutors at TheReliableTutor.com are very helpful and they have real knowledge about the subject. I have tried many other online assignment writing services but the quality that I have got from TheReliableTutor.com is unmatched. That is why now I only use them for all my math assignment help for my masters program.
Timothy Fairchild Student
Being a student in the Accounting and Management program I desperately needed help with writing my Variance Analysis – Performance Metrics assignment. The online managerial assignment experts at TheReliableTutor are very professional and clear in their communication and greatly helped me in understanding the assignment questions for the variance analysis assignment before starting to write the assignment essay. Their prices are also right for a student like me on a tight budget.
Henry Christian Student
Comments
this is a very good website
I have 50 questions for the same test your page is showing only 28
hi can you please help or guide me to answer my assignments. thanks
hi can anyone help or guide me to my assignments. thanks
This solution is perfect ...thanks
Hello Allison,I love the 2nd image that you did! I also, had never heard of SumoPaint, is something that I will have to exolpre a bit! I understand completely the 52 (or so) youtube videos that you probably watched. Sometimes they have what you want, sometimes they don't! However, it is always satisfying when you are able to produce something that you have taught yourself. Great job!Debra 0 likes
Perfect bank of solution.
great !
thanks for the quick response. the solution looks good. :)
thnx for the answer. it was perfect. just the way i wanted it.
works fine.