Workplace Law: Case Scenarios and Legal Issues

Workplace Law

Contents
INTRODUCTION...........................................................................................................................................3
MAIN BODY.................................................................................................................................................3
CASE SCENARIO 1...............................................................................................................................3
CASE SCENARIO 2...............................................................................................................................4
CASE SCENARIO 3...............................................................................................................................6
CASE SCENARIO 4...............................................................................................................................8
CASE SCENARIO 5.............................................................................................................................10
CONCLUSION.............................................................................................................................................16
REFERENCES..............................................................................................................................................17

INTRODUCTION
The laws are the rules and regulations which governs the working of businesses and
people. There are many laws which come under the facet of workplace which includes fair work
Act, trademark Act, contract law and many others which regulates the working of businesses
(Forsyth, 2107). This report shall deal with five case scenarios which are relating to workplace
and employment.
PART 1
What is the Better Off Overall Test about? When is it relevant and who applies it?
It comprises of the terms which are less and more beneficial to the employees as
compared to the terms enumerated in the modern award. It requires identification of the
agreement terms that are less and more beneficial to employees and then the overall assessment
is made to see whether the employees would be better under the agreement than the relevant
award. The Fair Work Commission applies it to assess the conditions of workers in new
agreement.
Explain what the employee’s duty of confidentiality is. Does it have anything to do with restraint
of trade clauses?
The clause of confidentiality mainly defines the information which is considered by the
employee to be confidential and also prohibits an employee from making any disclosure during
the employment and after the termination indefinitely. In the case of Sportsbet Pty Ltd v.
Carpanini and another, the court held that the enforceability of the clause of restraint of trade
falls for the consideration which gives regard to confidential information and the duties
performed by employee.

What role does the Federal Circuit Court have in relation to termination of employment? Does
the Court have any other roles in relation to employment?
When an application if filed for the unlawful termination of the employment, The Federal
Circuit court has power to pass an order to return the employee back to the employment or job. It
hears the matter relating to unfair dismissal.
The fair work commission have jurisdiction to hear claims of termination of employment and
unfair dismissal and other claims may be decided by the State or territory courts, Federal court,
federal circuit court and anti-discrimination tribunals.
Describe the legislative minimum notice protections. Who is not entitled to minimum notice?
Under the Fair work act, 1 week notice is required for employees employed for 1 year or
less, 2 weeks’ notice for more than 1 year employment to 3 years, 3 weeks’ notice for 3-5 year
employment and 4 weeks’ notice for more than 5 years of employment.
The minimum notice protection is not given to casual workers,
Explain why modern awards are relevant to most employees, and why, although relevant, they
cover only some terms of employment.
Modern award is the document which provides minimum terms of work which applies to
employees that are covered by national workplace relations system. It is relevant because it
provides the minimum terms and conditions of the work. Although it covers some terms of work
but still it is prevalent because it provides minimum standard of terms which are necessary for
the employment.
PART 2
CASE SCENARIO 1
She can make a legislation-based claim for compensation for her injury.
LEGAL ISSUE:
Whether Mellissa can make the claim of compensation from her employer ?
LEGAL RULE: