Hoang Tuan Minh XXXXXXXXXX) XXXXXXXXXX25 Fe
Answer these 2 questions below
Remember in your answer, you should state:
-The legal Issue(s)
-The principle(s) citing legislation and/or relevant case law
-0ffer a conclusion to the scenario.
(Length- 2000 words XXXXXXXXXXwords each question)
· Please use a relevant law cases in AUSTRALIA only as a reference or evidence or example to support the argument for each question.
· Minimum of 8 References.
Work Health and Safety Scenario-15 marks
A safety inspector was ca
ying out an inspection at a local hotel.
He noted that a ga
age disposal machine which was located in the kitchen, did not
have a safety guard installed.
This meant an operator could insert their arm into the machine.
The inspector instructs the business owner – Scott, to ensure that the machine remains
“out of service” until a safety guard is installed.
Scott immediately tells Geoff, a pantry hand, to put an “out of service tag” on the machine
and notifies the maintenance manager to isolate the electricity (so the blade will not
work) until a guard is installed.
The maintenance department electronically isolates the machine but do not get round
to putting a guard on.
They don’t see it as a priority as “no one has ever been hurt by the machine before”.
In the meantime, the “out of service tag” gets really dirty and is removed for cleaning.
This means that an electrician who is doing some general testing, doesn’t see any
sign, and therefore reconnects the machine.
Two weeks later Pete finds the machine is blocked.
He had been away on holidays and was not aware that the machine was out of
He sticks a spoon into it, when the spoon
eaks he tries to grab onto it, but instead his
hand is severely cut by the machine.
Refer to the employer’s duty of care and with specific reference to factors to be
considered discuss whether a
each of the employer’s duty of care has occu
Has anybody else
eached their duty of care?
Workers Compensation and Discrimination, Bullying and Harassment Scenario-15 marks
Wendy sees a job advertisement for a “casual bar attendant” in the local newspaper.
She gets the job.
Not long afterwards her supervisor, Bob, finds out that she has a hearing impairment. On
occasions this has meant that she has misheard a customer order (especially when the
music volume is high).
Bob calls her into the office and gets very angry, he believes that having to ask
customers to repeat themselves is bad customer service.
He taps her on the top of her head and says “you better get it into your thick head I don’t
like mistakes around here”.
After each shift from then on Bob emba
asses Wendy in front of co-workers and
lames any inconsistencies when he counts the till at the end of the night on her.
Wendy has been to her doctor, she is anxious and depressed.
Her doctor recommends she find a new job.
Do you consider discrimination has taken place? (8 marks)
What else can she do? (7 marks)
sentence or two clearly
identifies the issues
Issues-The legal issues
are clearly identified
law are applied,
statutory and case law
are cited and the
elevance is stated
structured and logic
flows well with minimal
spelling, grammar and
documentation and use
A minimum of eight