Topic 8 Part 2 Class Exercises – please review and come ready to discuss
(Termination)
On the basis of your reading, try to answer the following questions: Refer to relevant sections in legislation or cases or books.
1. Does the employee have a duty to obey lawful and reasonable direction given by a supervisor or manager? Does this duty have to be expressly set out in the employment contract? Explain.
2. Is an employer able to vary an employee’s duties if the new duties remain within the scope of the original job?
3. Is it lawful and reasonable for employers to impose dress standards on employees who deal with customers?
4. Is it lawful and reasonable for employers to control the use of their work computers?
5. Is it lawful and reasonable for employers to control their employees’ behaviour on social media?
6. Read the decision in Starr v Dept of Human Services [2016] FWC 1460, do you agree with the Commission’s reasoning? Why or Why not?
7. Does your workplace have a social media policy? If yes, what does the policy say?
8. Must a workplace have a social media policy before it may dismiss a worker for misconduct on social media? See Herbert Smith Freehills article.
9. Steve is a lecture at MIT University. He posted a comment on his facebook page saying “ I hate my job at MIT. I work with some really incompetent managers who have no idea how to do their job. They should all be fired.” Steve’s colleagues saw the comment he made and one of his colleagues reported the comment to Steve’s manager. MIT decides to dismiss Steve for serious misconduct. MIT does not have a social media policy. Advise Steve.
10. Read Lee v Smith Lee v Smith & Ors [2007] FMCA 59, do you agree with the court’s reasoning? Why or why not?
