Case Study
Mick Sayers is a forklift driver for Chicken Restaurant Warehousing Pty Ltd in Perth, WA. He drives a forklift in a refrigerated warehouse in which chicken products are stored at low temperatures for use in the Lovely Chicken Restaurant chain, One afternoon he is placed under pressure by his supervisor to 'move those 10 pallets before the end of the day'. Mick was also threatened: 'If you don't do it, your pay will be docked.' Mick wears a hooded jacket to keep warm in the low temperatures and the hood of the jacket obscures peripheral vision. It is not regarded by his supervisor as correct safety clothing, but Mick has never been told this. He commences the afternoon shift and drives at around 5 km per hour faster in order to get the 10 pallets shifted and loaded into the waiting truck, which will distribute the chicken products.
As a prank an employee releases a live chicken, which flies over a shelf of pallets and toward Mick as he drives his forklift through the warehouse. Surprised by the flying chicken he slams on the brakes and does so on an icy patch of warehouse floor. He skids out of control and slams into a shelf that has large pallets on it. Luckily, the pallets fall to his left and right, but the impact of the collision leaves hint with two broken legs and a smashed knee. After a period of three weeks in 'hospital he 'finds out that he will walk again, but that he will not be able to drive a motor vehicle.
Advise Mick on the arguments and counter-arguments in regard to a safe system of work.
The assignment must outline the following
1. The Issue - what is the issue in the case study
2. Related Law - what section of the fair work Australia law applies to these types of stations
3. Argument of the Applicant - on what basis the applicant argues that he is right
4. Respondent's Argument - on what basis the company thinks that they are right
6. Conclusion: according to the law who is at fault and what is compensation for the damage as per the Fairworks Australia Act.
Book for Reference: Principles of Employment Law 4th Edition by Rohan Price and Jennifer Nielsen