DISMISSAL OF EMPLOYMENT

The applicant, one Nelson Lemo (not real name) was employed by the respondent (Northern Air Maintenance Pty Limited) as a Trainee Aircraft Engineer since 2005.

The applicant was employed on contract for a period of three years, effective 1st February, 2005. According to HR records, he was a hard working and productive worker since taking up his position. Unfortunately, between 2006 and 2007, the applicant's health condition deteriorated to such an extent that he was constantly on authorized sick leave.

On 30th January, 2008, the applicant disclosed to the respondent that he was HIV positive. The following day (31st January, 2008), the applicant was dismissed by letter, which indicated that the dismissal was on account of his continuous and prolonged absence from work, and secondly for being HIV positive.

No other reason was advanced for the dismissal.

QUESTIONS

2. Critically examine the main key issue(s) of contention or compelling issue(s) in this case study & state why?
4. Critically analyze what is the alleged breach of employment contract, either by the respondent or the applicant & state why?
6. Comment on the respondent's action after the applicant disclosed that he was HIV positive? Do you believe the conduct of the respondent was legal or illegal & state why?
8. Comment on the decision taken by the respondent to dismiss the applicant? Was the decision justified or otherwise & state why?
10. As a labor law student, what advice and recommendation can be offered to management of the company; what action (s) would you do differently, and why?