IRAC Format Law:
Jerry O’Keefe is (or was) the sales manager at the Brass Bed Co. Ltd. His employment contract stated that his annual salary was $70,000 per year plus a bonus based on sales figures, and that his contract could be terminated by either party by six months’ notice in writing.
Mr O’Keefe took his annual leave from 19 December 2012 and was due to return to work on Monday 23 January 2013. As sales manager, he came to the factory on 23 December to attend the Christmas break-up party. At the party he made over-friendly advances to Ms Sezzy Capone, the wife of the managing director. Ms Capone did not seem to object to these advances but her husband took offence at Mr O’Keefe’s overtures and said, ‘ Leave my wife alone, you lout, or I’ll fire you.’ Mr O’Keefe replied, ‘ I’m doing no one any harm. I’m in my own time now and you’re drunk.’ Mr Capone then swung a punch at Mr O’Keefe who sidestepped and pushed Mr Capone, who fell to the ground.
Mr O’Keefe then left the party and the factory premises. Mr O’Keefe spent most of January holidaying at the seaside. When he returned to his home on 20 January he found a letter waiting for him signed by the managing director saying:
(a) that his contract of employment had been terminated on 23 December for gross misconduct; and
(b) that the company was prepared to pay him his salary up to 20 January.
Advise Mr O’Keefe of his rights and possible remedies in this matter.
Rationale:
This assessment item will allow you to demonstrate:
Your understanding of the law regarding the contract of employment
Your knowledge of the nature, content and applicability of the Fair Work Act 2009 (Cth);
your ability to apply legal rules to fact-situations and to solve legal problems;
your ability to conduct basic legal research;
your ability to apply what you have learned in the context of a hypothetical workplace situation