Legal Method and Research Assignment
IRAC Method
In order to advise CD Inc, B and his five colleagues, as to their position and the steps that they should take to ensure that they are not in breach of AB's rights, the following issues will need to be determined.
Firstly in relations to CD Inc, we need to establish whether CD Inc is liable for poaching B and in turn, B's five colleagues. According to the legal dictionary, poaching is defined as ______________.
Given this definition, it would seem that CD Inc is guilty of "poaching"
Examples of "anti poaching" cases.
Was this clause in the terms of employment between AB Inc and the five employees?
Scenario 1. Assuming that there was a term of employment ___________________.
Scenario 2. Assuming that there was not __________________________________.
Non-compete for B
"Anti poaching" for the five employees.
The issues that is in B's case: Did B have any Director's duty to AB Inc?
Was there requirement to disclose his offer from CD to A while he was still with AB - check Corporation Act 2001 - duty of disclosure.
Knowledge and research - issue in the area of Intellectual Property. A and B has done the hardwork and more than halfway towards their set time frame to complete.
CD Inc taking B and 5 employees - takes the benefit of AB Ltd research and work; enjoying the credit and results of AB's efforts. CD now 2 years ahead due to this - Unfair Competition? Is CD in breach?
Consider B and 5 employees' positions in relations to AB Ltd - unfair offer of B to 5 employees when he left AB Ltd and took with him the 5 employees?
AB's rights - what are they? This is in order to determine whether those rights have been infringed. Look in Corporations Act 2001- Director - Companies - Contracts (was there an agreement between A and B? Non-compete Clause?
Timeframe - there was a schedule that AB set for themselves and they were on the track to get there. CD took B and 5 employees - along with them comes knowledge and research from time they were at AB Ltd. The scientists and the training from previous company going over to new company that have same goals and target - Breach of contract?
It is a research methods and a problem solving based on the IRAC method question. Lecturer would like to know how the research was done. for example, one of the issue in the scenario is relating to Intellectual Property and corporations law, so LexisNexis website was was accessed to look up Corporations Act 2001. Or any other law data base like Austlii, Boolean, Westlaw, CaseBase etc that was used in the research. Lecturer wants the steps taken in researching the problem to be outlined. Referencing style is AGLC. Any number of referencing is ok as long as it show its a decent effort.
2000 words.
12 references.