Ermogenous V Greek Orthodox Community [2002] HCA

Ermogenous V Greek Orthodox Community [2002] HCA

It is noted that Ermogenous claimed for long service leave under Industrial and employee relation act 1994. He claimed for unpaid leaves under contract with Greek Orthodox Community.

Introduction

It is noted that Ermogenous claimed for long service leave under Industrial and employee relation act 1994. He claimed for unpaid leaves under contract with Greek Orthodox Community.

The Australia law's major objective is to safeguard every employee working Australia have minimum charter of right at workplace, especially in the Employment Right Act 1996. Basically, employment law outlines the difference between self employed with employees. As self employed are free of such agreements and contracts as they do whatever they want or wish. On the other hand, employee does not have such rights, but the employment law empowers the rights of the worker. Therefore, employers ensure compliance with employment and labour laws. In Australia, there are different laws which empower the employee, for example minimum wage, minimum allowed holidays, right to equal treatment and anti-discrimination etc. Employee have a rights which empowers him by ensuring work safety, anti-discrimination, fair and rational dismissal, laying-off payment, and contribution to National Insurance fund.

Dismissing Dave from the company might be called unfair or based on discrimination after reading through the case study. There are some areas identified that are breached by Dave but in most areas company is found to be unlawful in dismissing him. Further details in light of employment are discussed later.

Breach of company code and conduct

Basically, employment law outlines the difference between self employed with employees. As self employed are free of such agreements and contracts as they do whatever they want or wish. On the other hand, employee does not have such rights, but the employment law empowers the rights of the worker, public servant and consumers.

It is notable that Dave has crossed the boundary unintentionally. However, crossing the boundary was unlawful, but according to the Dave's statement he shown the gestures for coming back. This is considered unethical as per company rules and Dave should be treated accordingly. But there is a point of doubt as Dave had completed his duty and now he was no further doing duty, and when he reached the store floor, he was company customer rather than company employee. Therefore, he should be treated as a customer rather treating him as a company employee.

Equality and discrimination

The Equality Act 2010 was passed on 8th April 2010. There are two objectives behind Equality Act; first to correspond with discrimination law; second to underpin the law to support and favour advancement on equality. The Equality Act supports numerous approaches and helps in excluding irregularities.

In Australia law, discrimination and harassment is prohibited under different faces and basis of employment such as hiring or recruitment, contractual agreement, conditions for working, transfers, training, dismissal and promotions etc. It is unethical and illegal for an employer to discriminate employee on various grounds such as sex, gender, civil partner or material ...