using IRAC (issues, relevant law, Application, Conclusion) and Australian legislation or common law to answer the question.

Question 3 (15 marks)

1. Sue is casual worker. She had been working at Ned's cafe for the last four years, 4 days per a week, every week. Last week, Sue was dismissed. When she approached Ned and asked why, he responded by saying that his cousin wanted the job. Sue get's very upset and tells Ned she will sue him for unfair dismissal. Ned shrugs, 'You can try but you are a casual worker so you can't really'. When Sue presses him on this, he tells her 'Well you are not a very good waitress. You dropped that tray of six glasses last we when that guy bumped into you. A good waitress wouldn't have dropped it. I also don't like that you are a union member' Sue insists that he can't fire her for that and that firing her is way too harsh.

Advise Sue whether she can sue for unfair dismissal and explain your answer. Can Ned fire Sue for dropping the glasses and for being a union member? What if any remedies are available to Sue. Be sure to answer all three questions.

2.Emery, another waitress at the cafe disapproved on Ned's behaviour. She approaches Sue and the plan to open a cafe right next door to Ned's. Emery remains employed at Ned's so she has access to his suppliers etc.