Question
using IRAC (issues, relevant law, Application, Conclusion) and Australian legislation or common law to answer the question. Kit works on a mining site in northern
using IRAC (issues, relevant law, Application, Conclusion) and Australian legislation or common law to answer the question.
Kit works on a mining site in northern Western Australia. He started last week. When he interviewed for the job he was promised training on site, accommodation and food. No training has occurred and last Tuesday was Kit's first day on site. He was given vague instructions that lacked clarity and sent to work with some of the more experienced miners by his supervisor Bruce. When, Bob, Bruce's right hand man questioned this, Bruce said 'Kit will learn on the job. Kit made several errors that day that resulted in three men getting injured. Kit was then sent to assist in the building of the new accommodation blocks. Kit has no building experience and received no training. The workers moved into the accommodation three days later. The building collapsed after its first day. Bruce is placing the blame on Kit - saying that Kit was negligent to take a job he doesn't have the skill set for.
Kit's friend, Jake was a supervisor on the building of the accommodation block. He just broke up with his girlfriend and has been goofing off to tend to his broken heart. He was not adequately supervising the three days on which Kit was on the building site. Jake has significant building experience but insists he never received training either. Bruce also blamed Jake.
Advise the parties.
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