Answered step by step
Verified Expert Solution
Question
1 Approved Answer
As the HR Advisor for Melbourne based burger chain, Burger N' Bite. you have just received an email from one of the company's longest sewing
As the HR Advisor for Melbourne based burger chain, Burger N' Bite. you have just received an email from one of the company's longest sewing store managers, Fran Egg. Fran is the manager of the company's largest store. In her email to you. she indicates that she is dealing with a delicate employment relations matter. and she would appreciate your advice. The issue she would like your advice on relates to one other casual kitchen staff. 35in Pickle. aria is 17years of age and has been working for Burger N' Bite for the past 6 months. As BEE is slightly older than the other casual staff, she is mm work the night shift from 8pm till closing. Fran informs you that on several occasions aria had spoken to her about issues she was experiencing with her Team Leader, Qii Chan. 0n the first occasion. 531? had indicated that gtold her he thought she was very pretty, which made Bria uncomfortable given he was much older in age than her. Fran had responded by telling Bria not to worry about Qii. indicating he was harmless. Fran had pointed out to [aria that just as she had been required to complete an online training module on what constituted workplace sexual harassment when she commenced work with the company, so too had Qli. so she was sure he wouldn't 'cross the line'. The module ensured all employees were aware of the company 's Workplace Sexual Harassment Policy and Procedure referenced in the written (express) terms of their contract of employment - which made it very clear that any such allegations. if found proven by an independent investigation. would constitute serious misconduct and result in the termination of the employee who had engaged in such behaviour. On the second occasion, 3 months later, 5555 came to Fran in tears asking to be put on the afternoon shift. Upon questioning. Baa revealed that Q was still pestering her. constantly asking her out on dates, even though she always said no, and that on her last shift, she found him leaning against her car door at the end of her shift, with him refusing to move unless she kissed him and agreed to a date. Fran had told Bria that the afternoon roster was full, and that whilst she would have a quiet word with giifor her. that rja would need to toughen up and deal with him. Two days later, Bria had spoken to Fran for a third time, indicating that as Fran hadn't changed her shifts or done anything to stopQJi/'g behaviour, her father had forced her to call the Australian Human Rights Commission and make a formal complaint of workplace sexual harassment. In her email to you Fran indicates that she responded poorly to this news, and in a state of panic. fearful for her own position, had fired ma on the spot! Fran concludes her email to you by stating that she knows she has managed this whole situation rather poorly, and then seeks your advice as to the following questions: Question a. What are Burger N' Bites' legal duties pertaining to workplace sexual harassment under the Sex Discrimination Act 1984 (gig/jg)? Based on the information in the Store Manager's email. has Burger N' Bites complied with its legal obligations in this instance? Provide the rationale for your advice. b. Could Burger N' Bites' find itself wwliseg for breaching the Fair Work Act2009 (9&9!) based on Fran Erie]; termination of Bria\" Pickle's employment? Provide the rationale for your advice with specific reference to which of mmckle's legislated employment rights you believe is most relevant
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started