DEALING WITH CUSTOMERS AND COMPETITORS Essay Example

DEALING WITH CUSTOMERS AND COMPETITORS

Lecturer

I cannot dismiss Carlo and employ Frank as the new Pizza Chef because doing so would amount to unfair dismissal of Carlo, which might in turn lead to penalties on the business for the violation of employment laws. Although I have the power to lay off an employee without warning (Fair Work Ombudsman 2015), criteria for doing so do not apply for the case of Carlo. I can only terminate an employee without warning if the employee has been found guilty of serious misconduct including theft, serious breach of occupational health and safety, violence, and fraud (Fair Work Ombudsman 2015). Since Carlo has not committed a serious misconduct, I can only give him warning. I would only terminate his employment if he fails to improve his performance despite having issued him warnings (Fair Work Ombudsman 2015).

I am not liable for the injuries inflicted on the pedestrian owing to the accident because Eddie is not a full-time employee and the motorcycle he uses does not belong to me. I am only outsourcing transport services to Eddie especially considering that he also delivers for another pizza restaurant. He is a legal entity on his own, different from my business. He should arrange with his insurance company, if he has insured his motorcycle against accidents, to compensate the pedestrian for his medical expenses and other costs associated with the accident.

Fair Work Ombudsman (2015a) provides a guide on minimum pay for employees. I can use this guide to determine the minimum rate for Rosa’s pay. Nevertheless, the minimum rate will be determined by the following factors. Rosa is highly qualified, which means that she does not require training so that she acquires the basics of supervision. Therefore, her pay will be higher than that of an untrained person. Age will also determine her pay because people aged less than 20 years will generally earn less than people aged over 20 years. Her employment level will also determine her minimum pay. She will be at level 5 because she will be supervising and training others such as cooks in the workplace. Therefore, I must pay her higher than what I give other workers at lower levels. Based on these factors, and in accordance with the guideline that the Fair Work Ombudsman has developed for determining minimum pay, I am supposed to pay Rosa a minimum of $10.69 per hour on weekdays. If he works at night or above the normal working hours, I am supposed to give her $12.7 per hour from Monday to Friday. If she works on Saturday, I am supposed to give her a minimum of $13.36 per hour, which increases to $16.04 per hour if she works on Sundays (Fair Work Ombudsman 2015a).

Section 29(b) prohibits businesses from misleading users about the quality, grade, composition, standard, and value of products and services that they provide (Australian Contract Law 2011). Based on this clause, Angelo has every right to take the legal action because he strongly believes that our pasta dishes are not made from fresh ingredients.

There is a likelihood of this legal action being successful. The complainant has to provide a convincing argument as to why tinned olives are not fresh ingredients. The success of this case will largely depend on whether the judges will be convinced that tinned olives are not fresh. In addition, the complainant must prove beyond doubt that the advert has negative implications to consumers in terms of their health in other ways such as customers being charged more for a product that claims to be of high value.

Bibliography

Australian Contract Law 2011, Australian Consumer Law (Cth). [Online] Retrieved from <http://www.australiancontractlaw.com/legislation/cthacl.html> [Accessed November 30, 2015].

Fair Work Ombudsman 2015, Ending Employment. [Online] Retrieved from <https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/ending-employment> [Accessed November 30, 2015].

Fair Work Ombudsman 2015a, Minimum Wages. [Online] Retrieved from <https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/minimum-workplace-entitlements/minimum-wages> [Accessed November 30, 2015].