Using IRAC to address the Scenario

Scenario 1

Nicole, who is 16 and just about to finish year 10, is very interested in the culinary arts.She is certain that this is the career path that she wishes to pursue so she decides to take up a cooking apprenticeship at one of Melbourne's most renowned French restaurants, Les Gaulois.Nicole approached Head Chef Rachelle Gordon about an apprenticeship at Les Gaulois so she could develop core culinary skills in French Haute Cuisine. Nicole signed a 12-month apprentice contract that stated the following:

1.Head Chef Gordon would teach Nicole core skills in French Haute Cuisine, and in exchange Nicole would work 5 shifts a week waiting tables at Les Gaulois.She would not receive any payment initially.

2.After 6 months, Nicole would have the opportunity to be promoted to junior chef for a wage of $10/hour.

3.After 12 months, Nicole, dependent on her progress, may have the opportunity to be further promoted to station chef, with pay to be negotiated at that time.

4.Nicole would not at any time work in any other French Restaurant kitchen within Metropolitan Melbourne during her apprenticeship or for 2 years after working at Les Gaulois.

5.Les Gaulios has the right to terminate Nicole's contract at any time without notice.

Nicole's skills developed very quickly under Chef Gordon and she worked diligently at improving her range of techniques.Despite only training for 6 months, none of the other sous chefs were able to make sauces which tasted as complex or sophisticated as Nicole's efforts, so Chef Gordon would often ask Nicole to prepare sauces for the dinner service.Despite doing so, Nicole was never promoted or paid for the work.After enjoying a meal at Les Gaulois, Chef Buddy (the Head Chef at Les Parisienne) approached Nicole about joining his team at Les Parisienne in Fitzroy for a wage of $25/hour.When Chef Gordon sees Nicole talking with Chef Buddy, she suspects that Nicole might be wanting to leave Les Gaulois.

Can Chef Gordon enforce the contract against Nicole? Why/Why not?