Workplace Health and Safety, Employment Contract Termination and Dismissal Claims

Workplace Health and Safety Legislation and Responsibilities

1. Australian legislation provides for broad responsibilities in relation to workplace health and safety. For the following groups outline the duties imposed and the factors relevant to determining whether the duty has been satisfied (15 marks):
a. Employer
b. Employee
c. Manufacturer
d. Controller/manager of a workplace
 
2. An employer must have a valid reason for summarily dismissing an employee. Explain the lawful reasons an employer might have for terminating an employment contract in this way.  Provide examples to support your answer. (10 marks)

Mickey is the General Manager of Human Resources at Browns’ Resources Company, a mining company based in the Central Business District.  Browns’ is a small business with only 250 employees in the mining sector.  It has 10 executives and 10 employees in middle management.  Mickey supervises all of the Human Resources functions of Browns’, including recruitment and payroll.  He also runs the company’s social events and team building exercises. 

Browns’ is expanding. The CEO has spoken to Mickey and advised that they have won a significant contract and need to recruit another 250 employees as quickly as possible.  The expansion means that Browns’ will need a complete restructure.  Mickey and other General Managers of Browns have been asked to take on new roles starting immediately.  The new role is titled Senior Department Administrator.  He has been told the General Manager roles will no longer exist. 

As a Senior Department Administrator Mickey is expected to directly supervise more employees and will have limited decision-making responsibility.  He will also need to take on more administrative tasks.  His pay will not change.  Micky and his colleagues feel as though the new roles are not as high ranking as the previous General Manager positions. 

Mickey refuses to take on the new position and the board terminates his employment with some notice.  He lodges a claim for dismissal with the relevant government body.
 
(a) Advise the board in relation to whether a particular amount of notice is required to be given to Mickey and the other General Managers, given the nature of change to their positions (15 marks)

(b) Advise the board in relation to the likely success of Mickey’s dismissal claim (10 marks)