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(Solved) Assignment on Australian Law

   

Added on  2021-02-19

14 Pages4139 Words40 Views
Australian Law

Table of ContentsINTRODUCTION...........................................................................................................................3Part 1................................................................................................................................................3Explaining material facts, legal issues and the parties involved within the case.........................3Part 2................................................................................................................................................5Explaining legal significance and the consequences of the case.................................................5PART 3..........................................................................................................................................11Reflection...................................................................................................................................11REFERENCES..............................................................................................................................13

INTRODUCTIONPart 1Explaining material facts, legal issues and the parties involved within the caseIn accordance to the case, The high court made a crucial decision which provides aconfirmation that there does not present an unfettered right in relation to the implied freedom ofthe political communication and which in turn clarifies that under the rules or provisions ofAustralian Public service, an obligation on the APS workers or employees extends beyond theconduct within the workplace even where the anonymous statements are been made through thesocial media channel (Nikolic and et.al., 2018) . An employee who is been working within theimmigration and the citizenship department has broadcast greater than 9000 tweets in context of“ Lalegake” from which some were been posted at the time of the work hours and are counted ascritical for department, its workers, administration and the policies along with the governmentand the opposition, parliament members and their policies. A compliant regarding the use of social networking websites by the employees was beenraised with workplace relations and the conduct section of a department, who has conducted aninvestigation for finding out whether conduct has breached the code of conduct or regulations ofAPS (Daly, 2017). By the investigation made, it has been determined the the breach hasoccurred and an employee were offered with an opportunity for responding to Authoriseddelegate. As the three weeks passed away, an authorised delegate notified that the employee ofdepartments intended for terminating her employment (Pender, 2019). Later on the employeemet an authorised delegate and admitted for the publishing of the tweets. After that she hadsubmitted the further responses to proposed termination and sought for an injunction byrestraining a termination but she was been awarded with the notice in which it has been statedthat her employment were to be terminated under s 15(1) of an act referred as Public service Act1999 (Cth). The decision of breach was been made on the basis of the requirement within APS rulesand regulations which reflects that an employees must consistently “ uphold APS values withgood reputation and integrity of APS” (Section 13(11 of Act). The values under APS involvesbeing impartial, apolitical and professional in a way that it performs the functions as per section10 sub section 1 of an Act.

An employee claimed the workers compensation in respect of an injury that resulted fromher employment termination (Roberts, 2019). This was been rejected by the Comcare based onher termination was a “reasonable action that has been taken in reasonable manner in context ofan employees employment”. The legal reasoning involves that on the 7th August, High court has delivered the firstopinion relating to the concern of balancing competing policy that troubled the other courts the ata global in this state. Across the majority of the joint judgement and the three concurring sets ofthe sole-authored reasons, entire bench had upheld an appeal (de Flamingh, 2019). On the otherstate, Comcare had conceded within the AAT that an APS code of ethics results in burdening thepolitical communication. The joint judgement reflected that this “ Concession was been maderightly” as per [29] of Act. The high court unanimously held that the code of conduct under APS must met each ofthe requirement that includes joint majority held that maintenance and the protection of apoliticalservice is consistent and significant and consistent for the purpose. On the second note., jointmajority facilitated relatively a cursory analysis as it they accepted the APS regulations that wascounted as suitably important and necessary and was been founded as no obvious or compellingalternative. After highlighting limitations on imposition of the sanction on public servant, needfor the procedural fairness, judicial, proportionality, external and the internal review options(Fieger and Rice, 2018). From this it had been concluded by the court that provisions “presented as plainly reasoned and as the focused response” to pursuit of legitimate purpose. Ithas also been held that the law relating to trespassers no any further on an implied freedom thatis been reasonably justified. The three of the concurrences reached to same results after the close scrutiny has beenmade in between the substantial and the direct burden (Rein, 2018) . It has been indicated thatthe APS provisions was been reasonably adequate and has adapted for achieving the object fordeveloping apolitical public service in the manner that includes minimal impairment of thefreedom for political communication. Legal issues involves that the employees made an argument that provisions of an Actunder which the employment of her was been terminated had imposed a kind of unjustifiedburden on an implied freedom of the political communication which had rendered her a dismissalunlawful (McIlroy, 2017). The AAT set aside the decision of Comcare based on the use of APS

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