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Business Law 1018 - Assignment

   

Added on  2020-04-13

8 Pages1337 Words32 Views
Running head: BUSINESS LAWBusiness LawName of the StudentName of the UniversityAuthor Note

1BUSINESS LAWTable of ContentsAnswer 1..........................................................................................................................................2Answer 2..........................................................................................................................................2Answer 3..........................................................................................................................................3Answer 4..........................................................................................................................................4Reference list...................................................................................................................................6

2BUSINESS LAWAnswer 1a)Employees may claim compensation if the termination of service is unfair and a notice oftermination must be served one month prior to the dismissal. If the employee has startedworking as an employee after 6 April 2012, he must have worked for at least 2 yearsbefore claiming unfair dismissal. As per the facts of the case, Max is not entitled to takeany action for unfair dismissal against Greek on the Go as the employers have terminatedhim within his completion of 1 year of his employment1. b)If Max had not shared the recipes with Yobs Café without the permission of theemployers of the Greek on the Go, his dismissal would have been unlawful. However, hemay claim that he did not intend to cause harm to the business interest by sharing therecipes, hence, his dismissal was unfair2. Since, employers may dismiss employeeswithout providing any notice of termination if they are of the opinion that th employeeshave been engaged in misconduct. While the employee dismissed is due to misconductthat is prescribed by law, there is less likelihood of Max in succeeding in an unfairdismissal action against the employers of the Greek on the Go. Answer 2a)According to Grade 1 Kitchen Attendant under the Hospitality Industry (General) Award2010, the weekly pay rate that Max shall be entitled to is $714.90 and the hourly pay rateis $18.81. In addition, Max shall be entitled to $2.13 per hour or part of an hour per day. b)The employers shall be held liable for underpaying the employees and shall be entitled topay compensation to the employees. Under Fair Work Ombudsman, the employers,1 Stewart, Andrew. Stewart's guide to employment law. Vol. 3. Sydney: Federation Press, 2013.2 Thampapillai, Dilan, et al. Australian Commercial Law. Cambridge University Press, 2015.

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