Candy Ltd is a large sweets company based in Perth. Candy Ltd is well known in the industry for their number one invention - the bomb bomb boom candy. Jen is a young confectioner. She was taught by her grandfather to make candy the old fashion way but thinks there is much to be said for combining the new methods of big companies with the old methods.

Jen was invited to an interview at Candy Ltd in September 2019. During her interview she was told that this was a very special time for the company and that company was looking to bring on a fresh new talent with fresh ideas to expand their range. Jen was told that new employees would be working directly with Gustaf Gobb the head confectioner to invent and create new candy for the market. At the interview Jen was was told here job would consist of lab work, testing, tasting and assisting Gustaf.

On her first day of the job Jen meets Gustaf. At first Gustaf is very welcoming and is happy to have Jen on his team. But two weeks later when Jen invents a new type of marshmallow Gustaf gets into a jealous rage and declares her new candy unfit for consumption. From then on she is assigned other work outside of the lab including enormous amounts of paperwork and data entry. She is also tasked with cleaning all the lab equipment. When Jen raises this with her line manager, she is brushed away. When Jen complains further she is fired.

A new lab assistant is put in Jen's place Emily. Emily is a very sweet girl but has no prior experience in labs. She was promoted from admin by Gustaf. Three days into her new role Emily receives an electric shock from the lab equipment. An investigation into the matter indicates that there is a lack in lab safety protocols and the equipment has not passed its usual inspection. It also becomes clear that there was no OHS staff member employed at that time. Emily also received no training. When Emily bring this to the attention of the company, she is immediately made redundant.

Emily's senior manager, Ebony has recently applied for a promotion to regional manager. While she was optimistic that she would get the position, she was not successful and the position went to one of her much less qualified co-workers, John. Ebony has since been CC'd in on an email that states that she would not be an appropriate choice for manager due to the fact that she is a single mother with three small children and needs flexible working hours and sometimes needs to take leave days. John is in his 20's and has no children.

Both Jen and Emily are employed by Candy Ltd biggest competitor Cream Ltd. While there they discover that for the last three years Gustaf has actually been selling his best inventions to Cream Ltd on the side and making a tidy profit from this. He has been using Candy Ltd equipment to create these creations and has done so during employment hours.

1. Jen and Emily have now filed a claims for unfair dismissal. Advise Candy Ltd as to whether they will be able to successful bringing a claim. (10 marks)
2. Emily would like to know what obligations Candy Ltd has for Workplace Health and Safety and whether she may have any entitlements for her injuries? (10 marks)
3. Consider the changed facts: When Candy became aware of Emily's injury, they terminated her employment, effective immediately. Advise Emily as to her rights. Emily is a full time trainee. (10 marks)
4. Ebony has come to you seeking advice and would like to know whether Candy Ltd can rightfully deny her a promotion on this basis? (10 marks)
5. Advise Candy Ltd what actions could be brought against Gustaff. (10 marks)