Employment Law

Ace Tennis Pty Ltd ("Ace") is a Brisbane-based company that sells tennis equipment. Roger worked for Ace as a senior sales person. Tim, a senior manager, advised Roger that stock had been disappearing from Ace's warehouse, and Tim suspected that Roger was involved in the thefts. Roger was stunned to hear about this, as he had not been told about any missing stock. Tim told Roger that if he did not resign from his job immediately, they would report him to the police for investigation. Fearing the damage that a police investigation could cause to his reputation, Roger felt that he had no choice but to resign from his job. Roger has commenced an action against Ace for unfair dismissal. Ace has argued that it did not dismiss Roger, but that he chose to resign from the company. Advise Roger as to whether he would have a claim for unfair dismissal under the Fair Work Act 2009 (Cth) (FWA) and the supporting common law. When discussing section 387 Fair Work Act, students should limit their discussion to only FOUR of the factors from section 387. What remedies (if any) are available to Roger and Fair Work Commission under the FWA?

Do an "Application": Briefly explain the relevant sections of the legislation and/or case law and then apply it to the facts of the question, and use the facts of the question to justify your answer. 2. Do a 'Conclusion: Include the standard of proof, identify the institution that would hear the matter and briefly answer the specific question that was asked.