TASK: MEMORANDUM OF ADVICE

CASE

Abbey is proud to be appointed as a mature-aged apprentice in the Bankston location, working in the butchery that services the delicatessen. She works with a team of two (Matthew and Paul) and a Head Butcher, named Sol. Abbey has been working for five and a half months, but her performance, punctuality and positive attitude has noticeably declined in the last few months. She has used all her sick days, and now calls in sick about once a week. Sol calls a performance review to share his concerns. In the meeting, Abbey bursts into tears, and explains she has tried her best but cannot handle it anymore, and runs out of the room. Perplexed, he follows her into the locker room where he can see a bra hanging from her locker. Sol explains she should not get changed in the communal room and Abbey shouts that it is not hers, and that most days various items are either put into her locker or taped to the front. She says that the main problem is name calling, such as 'Chitty Chitty Bang Chang'. Sol gives her the rest of the day off. He calls Paul and Matthew in for a meeting, who explain that it is just harmless fun, that everybody shares in the good times and that as an apprentice this is part of the job. They claim she is not very good at her work, is late and unreliable and that she is not cut out to be a butcher. Sol contacts you for advice.

Material to be referred to:

Employment Law of Australia

history and evolution of employment law in Australia

key aspects of the relevant legislation and relevant case law

Apply the key legal rules associated with a range of employment law issues

common law

Caselaws