Question 4
Brad works for Quantum Financial Consultants Pty, Ltd, Brad has always been a employee of good character and has a history of good behaviour with the company. Brad was caught by Angelina, his manager, viewing pornographic websites during work hours on his company owned laptop in breach of the Internet and IT Usage Policy.
The Internet and IT Usage Policy was regularly breached by many of Brads co-workers with no disciplinary action taken by management, however Angelina felt the nature of his breach was serious and dismissed him immediately. Brad did not have an opportunity to respond to the allegation before he received a letter of termination of his employment with Quantum.
Advise Brad of whether or not he may have any cause of action under unfair dismissal laws
Question 5
Carnage Meat Suppliers Pty Ltd has recently undergone a process of streamlining its business processes and now needs to make a redundancy within its operational team. After a period of consultation management choose to make Jennifer redundant. Jennifer has been with the company for 10 years and has a good work history, whilst there were others in her team that had less experience and had been disciplined previously for consistently arriving to work late. She feels that she was only chosen for redundancy because a week before receiving notice of her redundancy she told her manager that she was pregnant.
Advise Jennifer whether or not she has any cause of action under the general anti discrimination provisions of the Fair Work Act and any other relevant state legislation.
