(solved) Assignment on Workplace Law

Added on - 29 Apr 2020

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Running head: WORKPLACE LAWWorkplace LawName of the StudentName of the universityAuthor note
1WORKPLACE LAWIssueThe issue in this case is to identify the position of Ken in relation to redundancyRulesAn employer has the right to terminate employment on the basis of redundancies. The situationof redundancy occurs when the position where the employee is working is no longer required bythe business or the business is no long capable of sustaining employment.There are specific criteria which an employer must follow in relation to the process ofredundancy or else the employee would have the right of making a legal claim. The employeehas the right to make a claim of unfair dismissal unless there is a genuine redundancy under TheFair Work Act 2009 (FW Act).All contracts has two types of terms namely expressed terms and implied terms. In the same wayemployment contract also contain expressed as well as implied terms. Whether an implied termis present in a contract or not is determined by the court. The presence of an implied term isdetermined by the court by analyzing the fact that whether the term is necessary for thecontinuation of the contract. If the term is obvious and mandatory for the contract it is an impliedterm. The term cannot be held as implied if it is merely just or equitable as provided in the caseofBarker v Commonwealth Bank of Australia [2014] HCA 32.Another significant case in Australia related to implied terms and commercial custom usage isthe case of Con-Stan Industries ofAustralia Pty Ltd v Norwich Winterthur Insurance(Australia) Ltd [1986] HCA 14; (1986) 160 CLR 226where the same principles of impliedterms had been discussed.
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