Part B: Extended response question: Letter to a lawyer (15 marks) Scenario Mark and Marco are brothe

Part B: Extended response question: Letter to a lawyer (15 marks)

Scenario
Mark and Marco
are brothers who run an Italian restaurant named Italian Brothers in
Springville. They have been running this business since 1981 in a partnership
arrangement. Mark has a Chef’s certificate and is the head chef of Italian
Brothers and Marco look after the customers.

Niko is a TAFE
student who is studying to be a Chef. Niko has been working for the two
brothers for three years on a causal basis. He does not have a regular work
pattern. At busy times he may be called to work for up to twenty days per month
and at other times he may be called to work only up to 2-4 days in the month.

Niko had always
been a very good worker and he is always keen to learn everything about the
restaurant business. In fact Mark has seen him write down a lot of his
favourite recipes which had been handed down by his mother. These are the dishes that keep the customers
coming back to the restaurant. On few occasions Niko even asked whether he can
cook for the evening rush and under Mark’s strict supervision Niko was allowed
to cook for the customers.

Niko’s job
include serving customers and helping in the kitchen when required. For Niko’s
work Mark and Marco always pay cash in hand at the end of each day and no
superannuation is given.

Everything was
running smoothly until a week ago when Niko burned his hands while washing the
dishes. Someone had left the hot water to the maximum and without realising Niko
turned it on and got a bad burn. Niko got some first aid care and because it
was busy Friday night he had to return to work after an hour and a half break.
While serving a fussy customer Niko lost his temper and shouted at the
customer. Later Niko apologised and explained to the customer the reason for
losing his temper.

Niko will soon
finish his TAFE course and become a Chef. Mark and Marco both have heard from a
friend that Niko is planning to purchase the Chinese restaurant named Shanghaiin the Springville area and turn it
into an Italian restaurant where he will be the head Chef. The brothers became worried.
They do not want Niko to take away any of their regular customers or know the
secrets of their recipes.

Mark and Marco
both decided that they should not give Niko any more work. Before stopping Niko’s
work Mark suggested that they should check with a lawyer if there will be any
problems if they stop giving Niko work without notice. The brothers are a bit
worried as Niko has a history of taking his employer to court for unfair dismissal
and they don’t want any trouble of this kind.

You are the office
manager for Italian Brothers. Mark and Marco want you to work out the best
course of action for Italian Brothers to take, within the law, in dealing with
Niko and then to ‘run it past a lawyer’. Write a letter to a lawyer practising
in a suitable area of law along with the following lines:

Introduce yourself;
Explain the fact situation (the legally relevant facts);
Explain what Italian Brothers wants to do and how you think
Italian Brothers is entitled to act, within the law (ie, the course of
action you have worked out is the best one for Italian Brothers); and
ask the lawyer for advice about the legality of your plans and
about any other legal concerns you have arising from these facts.

Notes/advice:
For the purposes of this letter you may invent the name of a
lawyer or firm, ideally one that indicates the invented lawyer or firm is
practising in the right area of law for this problem.
Referencing: Wherever you have
taken an idea from another source, reference the source in a footnote to show
support for the points you are making, and also to demonstrate the amount of
research you have done.
Any direct quotes (words that are copied from another source
and are not your own words) must be marked with quote marks, and the source
must be referenced in a footnote.
Do not use endnotes for this assignment, only footnotes.
Citation style:Harvard style as per
the Business School style requirements is acceptable for this assignment.
However, if you are including references to cases or legislation, please use
the following styles (the Acts and cases themselves are not necessarily
relevant, they are only examples – note where the italics are and also the
spacing and absence of punctuation):
Legislation: Copyright Act 1968 (Cth) s 36
Case: Grant v Commissioner of Patents (2006) 154 FCR
62; [2006] FCAFC 120
Some suitable research
references/sources to get you started:
•
(Prescribed text)
James, N 2011, Business law, 2nd edn, John Wiley & Sons.
•
Online Modules on vUWS.
•
Gibson,
A & Fraser, D 2011, Business law, 5th edn, Pearson.
•
Turner,
CF 2010, Australian commercial law, 28th edn, Thomson Reuters.
•
Government websites such as, e.g., .business.gov.au/”>www.business.gov.au; .ipaustralia.gov.au/”>www.ipaustralia.gov.au
•
Other internet resources may be used, provided they are
reliable and reputable. Take care that internet sources are on Australian law.
•
Other recent textbooks on Business Law (consult the Library
catalogue).

Suggested format for the letter
is over the page…the parts in square brackets are guides to what you should
put where – overwrite these words and brackets with your own content.

Italian Brothers Pty Ltd
1 Franklin Place
Springville, NSW- 1250
Our reference: **** (invent a
file number)
[DATE]
[ADDRESSEE – the lawyer]
[ADDRESS]
[ADDRESS]

[GREETING / SALUTATION – Dear
***]
RE: **********
[CONTENT — USE
PARAGRAPHS & FULL SENTENCES]

Yours sincerely,
[SIGNATURE]

[NAME]
The Office Manager

 

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