Employment Law: Remuneration, Working Hours and Leave

Running head: EMPLOYMENT LAW
Employment Law
Name of the Student
Name of the University
Author note

1EMPLOYMENT LAW
Chapter 10: Remuneration
Problem 2
1. When it is related to the Crocs Farms Ltd. the Management has the authority to take
decisions based on the Fair Work Act, 2009. In this case, the issue is whether any of the
employees can be sent home without pay while the operational issues and problems get
solved. As per Division 8 Section 108-111 of the Fair Work Act, 2009 can be exercised and
applied by the employee. It states that notice and evidence requirements must be served.
Hence, if the employees are sent home without paying then the employer should provide
sufficient notice to the employee. Further Section 164 of the Fair Work Act, 2009 can also
be applied based on the circumstances faced by the employees. Therefore, the Management
can should serve notice to the employees if they are asked to terminate. Such a situation can
also be treated as an unfair dismissal of employees.
2. In the given scenario, it has been observed the staff associated in the manufacturing plant is
covered by an enterprise agreement. The plant therefore broke down but continued to work
and operate. The Management decided to close the plant for a period of seven days for
maintenance (Harpur and Burdon 2016). In these circumstances, it is the duty of the
management to provide a notice stating the facts and points for shutting down the plant. It is
the duty of the management to inform the staff and employees before the work.
3. Workers of a restaurant were charged with food poisoning. The occurrence of this situation
is because the workers failed to keep the food preparation area clean. In these circumstances,
the Management can exercise its power and authority based on the relevant sections of the
Fair Work Act, 2001. The employees cannot ask for compensation because due to their
negligence the customers had suffered and restaurant went through loss (Blanpain and
Bisom-Rapp 2014).

2EMPLOYMENT LAW
Problem 3
1. From the facts of the scenario, it can be stated that Wally was on leave because a former
research assistant accused him of research misconduct. He was the professor of an university
in Brisbane. However, he was on a leave for three months. Those leaves were treated to be
paid leaves. The image of Wally will not get damaged if he can return back to work on time.
As per Section 111 of the Fair Work Act, 2009, payment is provided to employees on jury
service as well. However, it can be said that Wally can return back to work after a period of
three months leave. The Fair Work Act, 2009 further establishes the facts that if any
employee is accused of such allegations then Wally can refer to the above mentioned act.
After receiving the paid leaves, joining the University will not be a problem for Wally.
Problem 4
1. As per the case scenario, Kris was working with his family and running a motel and
restaurant for a period of three years. The payment is made to Kris in cash. Receiving
payments in cash is not acceptable as there will be no evidence on the payment. If the
payments are made to the employees in cheques then it will be treated as a proof that the
payment is made. Hence, Kris should not further take any payment in cash.
2. There must be a written record of regarding the payment of wages. Wages provided must
be given in a written format because it serves as a proof of the fact that the wages are cleared
to the employees (Painter and Holmes 2015). Kris being an employee of their motel and
restaurant should be able to keep a track of the payment that is made to them.
3. In a situation when the motel is closed for a month because she will be go on holidays with
her parents then she will therefore be entitled in receiving her pay for the next two weeks.
This must be accepted by Kris since the motel itself will be closed and there will be no