4 Issue: William has been employed for doing the home delivery work on behalf of One Direction. He liked to wear t-shirt with offensive words on them as it was a matter of joke to him. One day he had come for the home delivery wearing that type of t-shirt and partners had been offended by this incident. As a result partners' of One Direction have terminated the employment of William immediately. In this case of business law assignment, the key issue is whether William has the right to terminate the employment of William or not. The second issue is can William claim to the court according to the Employment Law in Australia against the employer? Relevant Laws In relation to the above case of business law assignment, the Unfair Dismissal law derived from the Fair Work Act 2009 is needed to be described properly. This is because the unfair dismissal law focuses on the termination of employees from the workplace with valid reasons. In this context, the term “misconduct” and “inadequate performance” are important to explain as based on these terms; subsequent effective steps are adopted in terms of employment termination (Employment Termination, 2020). The law has clearly stated that an employer has to provide evidence of more than one misconduct or inadequate performance to terminate an employee from the workplace. In order to defend the case illustrated in the business law assignment valid reason has to be shown in the court. According to the rules, valid reason means logical reasons that are defensible and related to employment. Application of Law Considering the above rules of the Fair Work Act 2009 and Employment Law in Australia mentioned in the business law assignment, it is clear that misconduct and inadequate performance both are needed to be proved subject to the proper evidence. Hence, in the case of William explored within the business law assignment, the Unfair Dismissal Law is applicable as William has violated norms of service. He has selected t-shirt with offended languages in the workplace and hence, the employer has the right to adopt step against him. According to the law, the employer needs to provide a warning in terms of inadequate performance. After that serious actions can be adopted against the employee regarding termination. Conclusion The above analysis done in this business law assignment reveals that One Direction has full right to say to change the t-shirt of William and the organization can terminate the employment after providing a warning. If a warning has not been given and directly termination is made, the employee, William has the right to claim against dismissal to the court. References Airloom Holdings Pty Ltd v Thales Australia Ltd, 2020. Html.Raw(Damages For Breach Of Contract In NSW - Corporate/Commercial Law - Australia).Mondaq.com. Available at: <https://www.mondaq.com/australia/CorporateCommercial-Law/183564/Damages-for-breach-of-contract-in-NSW> [Accessed 23 April 2020]. Concut Pty Ltd v Worrell, 2020. Concut Pty Ltd V Worrell (2000) 176 ALR 693 – Law Case Summaries. Lawcasesummaries.com. Available at: <https://lawcasesummaries.com/knowledge-base/concut-pty-ltd-v-worrell-2000-176-alr-693/> [Accessed 21 April 2020]. Eldridge, J., 2019. Contract Codification: Cautionary Lessons from Australia. Business Law Assignment Edinburgh Law Review, 23(2), pp.204-229. Employment Termination, 2020. Html.Raw(Termination Of Employment In Australia: Best Practice Guide - Employment And HR - Australia). Mondaq.com. Available at: <https://www.mondaq.com/australia/employee-rights-labour-relations/257796/termination-of-employment-in-australia-best-practice-guide> [Accessed 23 April 2020]. Kavanagh, M. and McRae, E., 2017. Employment law: Protecting vulnerable workers amendment to fair work act. Governance Directions, 69(4), p.241. Poole, J., 2016. Textbook on contract law. Oxford University Press.
Subject Name: Business Law
If you want the solution to this assignment or want to discuss any other assignment or course you may contact us directly at email@example.com or message us on Whatsapp or Viber at +91-9303607402 (http://api.whatsapp.com/send?phone=919303607402&text=Hello%20 )