AXIS Operations Pty Ltd Case Study: Employment Law and Employee Rights

This report provides an analysis of an employment law case in Australia involving Johnno and Abe, former employees of AXIS Operations Pty Ltd. The report examines whether Johnno and Abe were employees or contractors, referencing the Fair Work Act 2009 and relevant case law. It also assesses if AXIS breached federal legislation by terminating their employment without notice. The report delves into the legal rules governing employment relationships, including the rights and responsibilities of both employers and employees under Australian law. The analysis considers the concept of unfair dismissal and concludes that the termination of Johnno and Abe's employment was legally incorrect. The report highlights the importance of compliance with the Fair Work Act and the potential legal consequences of non-compliance by the employer. The report also provides a brief introduction and conclusion, summarizing the key findings and implications of the case study.

Question and Answers

Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Facts of the case- .............................................................................................................................1
Legal issues......................................................................................................................................1
Legal issue 1...........................................................................................................................1
1.Were Johnno and Abe employees, or another type of worker? Refer to decided cases. ....1
Legal Rule..............................................................................................................................1
Applicability of the law..........................................................................................................2
Conclusion..............................................................................................................................2
2. Have AXIS breached Federal legislation when they terminated the employment of Johnno
or Abe without notice? ..........................................................................................................2
Legal Rule..............................................................................................................................2
Applicability of the law..........................................................................................................3
Conclusion..............................................................................................................................3
CONCLUSION................................................................................................................................3
References:.......................................................................................................................................4

INTRODUCTION
The business law explains about the rights and the duties of both the employer and the
employee of the company. The employer is the person who recruits an individual to work under
a firm. An employee is the person who is being employed by the recruiter for work done against
the salary paid to him. The The Fair Work Act 2009 is the act that provides for the duties of
employees and the employer of the institution(Creighton, et.al, (2019)). This report would
explain about the employment law that is applicable in the country Australis. This report would
also explain a case scenario and legal issues with relate to it.
MAIN BODY
Facts of the case-
Johnno and Abe were the employees of the company AXIS Operations Pty Ltd. They were the
truck drivers in the company since 1989. After some time, they become the contractors of the
truck. They had purchased truck and paid off the loan of truck to the company in the year 2021.
During that period of time, both the employees took the national holidays and other leaves as
given by the company. These holidays were not paid to them. But, soon in 2021 when the truck
loan was fully paid by them, the company fired them for the reason that they were inefficient in
the work.
Legal issues
Legal issue 1
1.Were Johnno and Abe employees, or another type of worker? Refer to decided cases.
Legal Rule
The Fair Work Act, 2009 explains about the provision srel;ated to the employer and the
employee of the company. The aim of this act is to establish the employment relationship
between an manager and an worker. The act provides a safety of minimal entitlements like
national minimum wage, the National Employment Standards with the employment conditions
and authorisation set out in Modern Awards. Moreover, the Fair Work Ombudsman (FWO)
along with the Fair Work Commission (FWC) are the two main institutions in Australia's work
system. The term employer and employee is defined under section 3 of the FWA(Lambropoulos,
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(2020)). According to this, the employees are workers who act work under way and control of
its managers. These employees has the work fixed hours.
Applicability of the law
In this case scenario, both Johnno and Abe were the employees of the AXIS Ltd. This is
because they were hired by the company. Both the individuals fulfils all the conditions of
employee as per the fair work act of Australia. The case law of Satchwell v the president of the
Republic of South Africa is the case related to employment law. Both of them were paid by the
company for the work done by them in the truck travel of the company(Lambropoulos, (2020)).
Moreover, the company also allowed them the regular holidays and leaves that is given to every
employee of the company. They were also employed for long period of time in the company.
Hence, both were the regular and permanent employees of Axis Ltd.
Conclusion
It can be concluded that the Johnno and Abe are the employees of the respective
company. This because they comply all the essentials of an employee as per the clause of
employee given under the fair work act, of Australia. Hence, they will come under the category
of employee.
2. Have AXIS breached Federal legislation when they terminated the employment of Johnno or
Abe without notice?
Legal Rule
As per the provisions of the FWA 2009, there are various rights given to the employee
who is working under a company. These rights are mainly provided to protect the individuals
from the exploitation of the employers who hire them for work. The rights of the employee
includes the right to make a complaint, the right to be paid correctly by the employer, protection
from discrimination, protection from unfair dismissal, protection from bullying, receiving the fair
work information statement, protection from sexual harassment and protection from unfair
dismissal which to be done by the employer of the institution. In addition to this, the employer
should give every employee a copy of the Fair Work Information Statement. This can be given
either before the employee start or at the first available opportunity. So, to provide this statement
to every employee is the duty of employer in all the cases. The National Employment Standards
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should also be complied by every employer with regard to the workers of the company. The
Section 23 provides for the Labour relations provision. This states that every employee has the
right to fair labour practices(Pennington, (2020)).
Applicability of the law
In the present case scenario, Johnno and Abe were the workers of the Axis. So, they
were in the relationship of employer and employee with Axis. The dismissal of both the
employees comes under the unfair dismissal of the employees as per the employment law of
Australia. According to the FWA 2009, the employer must give a valid and reasonable reason to
the employee before dismissing him from the job. In addition to this, a notice of minimum 15
days is to be given to the employee before such dismissal of the company. Moreover, instant
removal without any notice and reason for such removal is not legally correct as per the law.
Hence, such removal is totally wrong and void in this case.
Conclusion
This can be concluded that the removal of both the employees is legally not vaid in the
eyes of the law in Australia. Moreover, legal actions can be taken against the employer of Axis
for such instant removal of the employees.
CONCLUSION
This report concludes about the employment law of Australia. It summarises about the
definition of employee under the FWA 2009. This also explains about the basic rights of the
employees who work under an institution. This report also concludes about the concept of unfair
dismissal. Furthermore, the legal actions can be taken against the employer of Axis for such
instant removal of the employees.
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References:
Books and Journals
Creighton, B., et.al (2019). The Role of the ‘Genuinely Try to Reach Agreement’Requirement in
the Protected Industrial Action Regime under the Fair Work Act 2009. Australian
Journal of Labour Law, 31(3), 279-304.
Lambropoulos, D. V. (2020). Coronavirus, Jobkeeper and Stand Down under the Fair Work Act
2009 (CTH): A Review of the Law.
Lambropoulos, V. (2020). COVID-19 Jobkeeper and stand down under the Fair Work Act 2009
(Cth): A review of the law.
Pennington, A. (2020). The'Fair Work Act'and the decline of enterprise bargaining in Australia’s
private sector. Australian Journal of Labour Law, 33(1), 68-86.
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