Murdoch University BSL202 Workplace Law Assignment.

Trey is a senior art executive at Little Florence Art Gallery. He has worked at the gallery for 15 years and started as a junior intern and slowly made his way to being a senior art executive in charge of the department of 14th century Italian art. He has been a senior executive for the last 6 years. He has recently found out that the gallery has decided to restructure. The restructure proposes to amalgamate the departments of the 10th to 15th centuries of Italian art into one department. The director of the department will be John Bochetto and John will also be the only senior executive in the department. All the other executives will become art associates. For Trey this would mean a downgrade in his position. An associate is generally for someone who has work between 5-10 years at a gallery, while Trey has worked 15. Further the pay is lower and the hours are longer. The work is also different. Rather than liaising and communicating with 'big' clients, Trey will now be dealing with public gallery viewings and general inquiries. Trey will also now have to answer to John as his supervisor in the gallery, when they have been in equal positions for the last five years. The gallery has offered Trey this new position under the restructure, and given all the considerations Trey has decided not to accept the position. As a result of this, Little Florence Art Gallery has fired Trey.

Trey comes to you for advice. Advise Trey.

1. How can I approach this question using IRAC method?
2. I think Trey can seek legislative remedy for wrongful termination/unfair dismissal.
3. Trey can seek to sue Little Art Florence Gallery under Fair Work Act 2009 (Cth) statutory claims B1-1 unfair dismissal system, B1-1-2-3 dismissal was not a case of genuine redundancy (Ulan Coal Mine v Hineysett, Ulan Coal Mine v Butler and B1-2 unlawful termination, B1-3 general protections dismissal-adverse action for discrimination among employees.