BSL202 Workplace Law TNE/TJD 2021 Assignment
Assignment 1 Problem Solving Task
This assignment is worth 40 marks. It must be a minimum of 1600 and must not exceed 2000 words (including footnotes. You should submit your assignment on LMS.
The mark for your assignment will be determined by reference to the quality of its analysis, its clarity and organization, and its presentation, including its freedom from distracting stylistic errors (grammatical, spelling, punctuation and typographical). Where appropriate, reference should be made to legislation, cases, texts and other commentary. The Chicago or APA style of referencing is preferred. Full case and/or legislation citation is expected. See the Library guide on Chicago referencing of legal materials, at http://libguides.murdoch.edu.au/Chicago/legal.
Late assignments will have 4 marks deducted per day or part thereof. Extensions for the assignment will be granted only in exceptional circumstances. If something exceptional arises that you believe requires an extension you should contact me by e-mail, attaching appropriate supporting documentation (eg a medical certificate). Reasons which are insufficient to warrant an extension include computer failures, car failures or other transportation difficulties, work conflicts, family celebrations, and other study commitments.
Please see the UILG for further information on assignment format and submission.
In March of 2017, Annelise finished her double degree in Law and IT and after a little time off commenced her search for a graduate job in May 2017. She is very keen to find a position in Artificial Intelligence in the law. She has seen a job advertisement for Redmond Picks Law Firm. Redmond Picks is known for their work in Artificial Intelligence, particularly with discovery, legal research and document management as well as contract and litigation document analytics. Annelise is very keen on the position.
The advertisement states that the successful applicant will have the opportunity to undertake four rotations over the first two years, with six months in each department. The four departments will be the Property and Planning Department, Forensic, Mergers and Acquisitions and IT Law. This is very attractive to Annelise.
Annelise applies and receives an invite for an interview. At the interview Annelise is told that this is a two year graduate position with four rotations, after which the successful applicant will be appointed as Junior Lawyer in the department of their choice.
Three days after the interview, Annelise is very happy to learn that she has been offered the position. She receives her contract stating that she will complete four rotations over the first two years, with six months in each department. The contract states the four departments as well. The contract also sets a start date of 3 months later. Annelise happily signs the contract. She gives notice at her current part-time position.
In June of 2017 Annelise receives a call from the HR representative at Redmon Picks, letting her know that her rotations have been changed. She will now be undertaking rotations in the departments of Environmental Law, Financial Services, Insurance and Agribusiness. Annelise is not very happy about this. The HR representative is very cold about it and states that this is simply the way things are. Annelise doesn’t feel like she has much choice in the matter as she has already left her previous position and so decides to make the best of it.
After two years of working at Redmond Picks, Annelise has her interview with HR where she is asked what department she would like to work in. When Annelise states IT Law or in Artificial Intelligence development the HR representative tells her that she has a choice of what department to work in, but only from the ones she undertook a rotation in. Annelise is appointed to the Agribusiness Department.
a) Annelise has come to you for advice. Advise Annelise. (12.5 marks)
After some negotiation, Annelise is told that she may dedicate one day a week to working with the Artificial Intelligence development team. This happens during work hours. On her first day working with the AI team Annelise is taken under the wing of Peter, an Associate and is set to work on developing a document management system.
After working with Peter for 3 weeks, Annelise, starts to work on her own project. She does not use any of the company’s equipment and does so in the evenings and on weekends. At one point she brings in a sample of her work to show Peter, who tells her it looks very promising.
By May 2020, with the outbreak of the Coronavirus and the imposition of a state-wide lockdown, Annelise begins working from home. She starts spending more and more of her work hours on her personal project and AI work for Peter and less and less on her work in the Agribusiness Department.
Annelise shows her work to an old professor of hers at University who sends the work to a tech firm he knows. The firm, PTC, is very interested in Annelise’s work and offers her $400,000 for her program.
b) Annelise is considering selling her work to PTC. Annelise has come to you for advise and wants to know what legal issues may arise with Redmond Picks in this regard (12.5 marks)
Annelise has decided not to sell her work to PTC after all and presents it a Redmond Picks instead. Her work is received very well and HR agrees to shift her to the Artificial Development Department. Shortly afterwards she is put up for promotion and so is Peter. Annelise is hopeful but does not expect to receive the promotion as Peter is much more experienced. Peter is very surprised when Annelise receives the promotion and when he inquires why, HR just says that Annelise is better suited to the job. However, Peter is accidentally CC’d into an email between the Partner and HR stating that he did not receive the promotion because he has three children and his wife is expecting their fourth child. He will be taking parental leave soon and often has to take leave because his other three children are sick. A Senior Associate just can’t do that.
c) Peter has come to you for advice. Advise Peter (10 marks)
Peter is plugging in his laptop charging cord in an electric socket when he receives an electrical shock. As a result he has had to take three weeks off work. Two weeks ago, his colleague, Esmerelda, also received an electrical shock from the same socket. It was supposed to be fixed, but the OHS Officer is away on his honeymoon. No replacement OHS Officer has been put in place and no inspections were done on the socket. For more information on Problem Solving Task visit this: https://www.encyclopedia.com/science-and-technology/mathematics/mathematics/problem-solving
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