Business Law Assignment: Employment, Consumer, and Discrimination

This business law assignment provides a comprehensive analysis of various legal issues. The assignment addresses unfair dismissal claims, examining the requirements for employees to claim compensation and the implications of misconduct. It also delves into wage entitlements and the potential liabilities of employers for underpayment, referencing the Fair Work Ombudsman and superannuation funds. Furthermore, the assignment explores discriminatory practices in employment, particularly focusing on job advertisements and their compliance with the South Australian Equal Opportunity Act. Finally, it examines misleading conduct under the Australian Consumer Law (ACL), analyzing cases of false advertising and the remedies available to businesses affected by such practices, including potential damages and injunctions. The assignment utilizes relevant legislation, case law, and academic sources to support its arguments and conclusions.

Running head: BUSINESS LAW
Business Law
Name of the Student
Name of the University
Author Note

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Table of Contents
Answer 1..........................................................................................................................................2
Answer 2..........................................................................................................................................2
Answer 3..........................................................................................................................................3
Answer 4..........................................................................................................................................4
Reference list...................................................................................................................................6

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Answer 1
a) Employees may claim compensation if the termination of service is unfair and a notice of
termination must be served one month prior to the dismissal. If the employee has started
working as an employee after 6 April 2012, he must have worked for at least 2 years
before claiming unfair dismissal. As per the facts of the case, Max is not entitled to take
any action for unfair dismissal against Greek on the Go as the employers have terminated
him within his completion of 1 year of his employment1.
b) If Max had not shared the recipes with Yobs Café without the permission of the
employers of the Greek on the Go, his dismissal would have been unlawful. However, he
may claim that he did not intend to cause harm to the business interest by sharing the
recipes, hence, his dismissal was unfair2. Since, employers may dismiss employees
without providing any notice of termination if they are of the opinion that th employees
have been engaged in misconduct. While the employee dismissed is due to misconduct
that is prescribed by law, there is less likelihood of Max in succeeding in an unfair
dismissal action against the employers of the Greek on the Go.
Answer 2
a) According to Grade 1 Kitchen Attendant under the Hospitality Industry (General) Award
2010, the weekly pay rate that Max shall be entitled to is $714.90 and the hourly pay rate
is $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 to
pay 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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Yasmin and Sam may be subjected to prosecution to recover the underpaid amounts and
penalties shall be imposed upon them for underpaying Max. The employees are entitled
to be paid at least their minimum pay rates and entitlements3.
c) Max should initially, contact the human resource area for obtaining assistance regarding
the fact whether is former employers have maintained any superannuation funds. Max
may also inquire about his funds from the Australian Taxation office, which provides an
overview of the superannuation system of Australia.
Answer 3
a) As per the process for dealing with discriminatory complaints arising within employment
in South Australia, the Equality Opportunity Commission states that a complaint may be
made to lodge a complaint against such discrimination under the South Australian Equal
opportunity Act. After compliant is made, the written complaint is assessed to determine
if law covers such complaint4. If the law does not cover it, the complaint shall not be
accepted. On acceptance of such complaint, conciliation officer shall be appointed to hear
the complaint from the complainant. The Equal Opportunity Commission shall ensure
fair treatment and that right of every person is respected5.
b) While creating a job description, one must ensure that specific requirements of the job are
considered enabling potential applicants to comprehend the required duties and skills.
The job description must use language that is easy to understand and differentiates
between the desirable and the essential criteria for the job. The job description must
3 Charlesworth, Sara, and Fiona Macdonald. "Women, work and industrial relations in Australia in 2014." Journal of
Industrial Relations 57.3 (2015): 366-382.
4 Kariyawasam, Kanchana, and Shaun Wigley. "Online shopping, misleading advertising and consumer protection."
Information & Communications Technology Law 26.2 (2017): 73-89.
5 Equal Opportunity Act 2010.

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include statements that encourage people from diverse cultural background, the
aboriginals to apply as well. The advertisement in this case, does discriminate against
Anna and other potential participants who do not have high level of English language
skills. This is because the advertisement is meant for cleaning staffs, hence, cleaning
skills is important and Anna has cleaning skills. Hence, the language requirement is
discriminating for her as well as for other potential applicants having cleaning skills.
c) In case employers fail to ensure that job related advertisements are discriminatory in
nature, the employer shall be held liable for committing breach of Equality Opportunity
Act and shall also be liable to pay compensation for the same.
Answer 4
a) Businesses are prohibited from making incorrect statements or are prohibited from
creating false impression under the Australian Consumer Law. This is a common rule
applicable to advertising, any information that is provided by the staffs of the businesses
online or in the media such as websites. For instance, business are prohibited from
making false claims about history, quality or style of any product or services.
The intention of the business is immaterial if the overall impression of the business
advertisement, promotion, statement or quotation is misleading, such conduct amounts to
violation of law. Sam and Yasmin may bring an action against the proprietors of Greek
on the Go under section 18 of the ACL for being engaged in misleading conduct6.
b) In Taco Company of Australia Inc. v Taco Bell Pty Ltd [1982]7, the court
developed a four-step test to determine whether a conduct is deceptive or misleading8.
6 Corones, Stephen G. Competition law in Australia. Thomson Reuters Australia, Limited, 2014.
7 FCA 136; (1982) 42 ALR 177.
8 Slot, Piet Jan, and Matin Farley. An Introduction to Competition Law. Bloomsbury Publishing, 2017.

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Firstly, the targeted audience of the public should be determined to whom such conduct
has been directed. Secondly, the conduct must be considered to be referring to all the
persons that fall within the targeted audience, including the educated persons, young,
elderly, etc. Thirdly, a person provides evidence about the fact that they have formed an
erroneous conclusion shall be used as evidence in court but is not sufficient to establish a
breach of section 52 of the ACL. The court must determine whether the conduct
complained of is deceptive or misleading.
Fourthly, there must be a connection between the conduct of the defendant and
the misconception. As per the facts of the case, the use of the term ‘Chef’s Own Recipes’
forms an erroneous conclusion amongst the targeted audience who might believe that the
recipe belonged to Yobe’s Café. There is a connection between the conduct and the
misconduct as the owner of the café intentionally made false and misleading statements
about the recipe to deceive the targeted audience to believe the same9.
c) The Greek on the go are entitled to claim damages under section 236 of
the ACL. They may obtain an injunction order from the court against the Yobe’s cafe or
obtain compensatory order under section 237 of the ACL, becoming entitled to
compensation from the owners of the Yobe’s café10.
9 Howells, Geraint, and Stephen Weatherill. Consumer protection law. Routledge, 2017.
10 Competition and Consumer Act 2010 (cth)

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Reference list
Charlesworth, Sara, and Fiona Macdonald. "Women, work and industrial relations in Australia in
2014." Journal of Industrial Relations 57.3 (2015): 366-382.
Competition and Consumer Act 2010 (cth)
Corones, Stephen G. Competition law in Australia. Thomson Reuters Australia, Limited, 2014.
Equal Opportunity Act 2010
Howells, Geraint, and Stephen Weatherill. Consumer protection law. Routledge, 2017.
Kariyawasam, Kanchana, and Shaun Wigley. "Online shopping, misleading advertising and
consumer protection." Information & Communications Technology Law 26.2 (2017): 73-89.
Slot, Piet Jan, and Matin Farley. An Introduction to Competition Law. Bloomsbury Publishing,
2017.
Stewart, Andrew. Stewart's guide to employment law. Vol. 3. Sydney: Federation Press, 2013.
Taco Company of Australia Inc. v Taco Bell Pty Ltd [1982] FCA 136; (1982) 42 ALR 177
Thampapillai, Dilan, et al. Australian Commercial Law. Cambridge University Press, 2015.

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