Dr BioGerm has worked at the Australian office of Medical Marvels Pty Ltd since July 2018. When she commenced work at Medical Marvels she was provided with no contract as she had known the CEO of Medical Marvels for many years. She recollects thatthe CEO said that he saw no need for a ‘messy legal contract’ as they were friends and that it was better to keep things ‘casual’ so that the friendshipwas not lost.
Dr BioGerm has been the lead researcher in relation to the analysis and development of a variety of medical products, including vaccines, for many years of her career, including with Medical Marvels since July 2018. Dr BioGerm provided a document to the CEO, weekly, detailing her time spent working on analysis and development. At the end of each week, Dr BioGerm was paid an amount based on $70 per hour for time worked. Dr BioGerm has an ABN. At this stage, no tax has been paid in relation to any amounts paid to Dr BioGerm by Medical Marvels.
According to Dr BioGerm, the CEO said he was not concerned with where she worked or when sheworked as he ‘did not want her creativity limited’.Innovation and flexibility are two key values ofMedical Marvel’s Mission Statement.
When Dr BioGerm commenced with Medical Marvels, Medical Marvels was focusing its research onthe development of a ‘virtual band aid’ –eradicating the need for a band aid to be pulled off the skin.ThisdevelopmentinpainmanagementwasDrBioGerm’sfirstresearchanddevelopmentprojectwith Medical Marvels. Dr BioGerm went on to work on various other projects, however she haddeveloped a personal interest in curing ‘man-flu’ after being subjected to several days of domesticduties and visual and noise disturbance as a result of her male house-mate suffering from ‘man flu’. The analysis and development of a ‘man flu’ vaccine became her personal crusade.The CEO was aware of (and did not discourage) her interest in developing a man-flu vaccine, however the CEO viewed the virtual band-aid as the ‘break-through’ product for Medical Marvels on the basis that man- flu was likely incurable.
During small breaks on Monday to Friday and over a number of weekends, Dr BioGerm worked awayon the development of a ‘man-flu’ vaccine.Some of the breaks and weekends were at the Medical Marvelsheadofficeandlaboratory. WhenevershewentintoHeadOfficesheworealab-coatwiththe logo, Medical Marvels, and had a staff security ID card to seamlessly enter and exit the building. Dr BioGerm kept a number of lab results and records on-site at the Head office and laboratory; the
remaining results and records and her musings were kept in her home garage–a make-shift laboratory. Dr BioGerm said that some of her greatest thinking and analysis took place in the home garage and without flexibility to create and innovate from wherever, whenever, the development of the man-flu vaccine would never have eventuated.
After 12 months of toiling away on the analysis and development of a vaccine for man-flu together with other projects, Dr BioGerm took a holiday to deepest, darkest Peru in early July 2019 for 2 months. The CEO of Medical Marvels wished Dr BioGerm a good break. The virtual band-aid was a success and was clearly identified as a product of Medical Marvels.
While Dr BioGerm was in Peru, a junior laboratory assistant was cleaning up a workstation at Medical Marvels when he came across various lab results and records relating to the development and testingof a ‘man-flu’ vaccine.The reports were written on unmarked A4 pieces of paper. Intrigued with the lab results and not considering who they might belong to, the junior laboratory assistant reviewed the records and followed the instructions according to the notes, albeit there was one word that was difficult to interpret, so the laboratory assistant made a guess. Testing followed; the junior laboratory assistant concluded that a vaccine for the man-flu had been developed and informed the CEO of Medical Marvels at the end of July 2019. The CEO took to Twitter and announced the discovery of a vaccine for man-flu by Medical Marvels.
The ‘man-flu’ vaccine was procured by the Department of Health as soon as they heard the CEO’sannouncement. An information campaign was launched by the Department in August 2019 to assure the public that the vaccine was safe and would provide immunity to the man-flu; the advertising campaign identified Medical Marvels as the owner of the vaccine.
On the plane back from Peru and now with 4G service, Dr BioGerm reads with surprise in the e-copy ofScience Monthlythat Medical Marvels has been awarded a significant contract with the Departmentof Health for provision of the ‘man-flu’ vaccine.The article inScience Monthlyalso referenced the ingredients included in the vaccine. Dr BioGerm noted that one of the ingredients was incorrect.
As the plane landed yesterday, Dr BioGerm opened her Facebook and Twitter accounts and posted the following:
My work has been stolen by Medical Marvels, or should I say, ‘Medical Mishaps’; the anti-vaxxers have reason to fear this vaccine.
The CEO of Medical Marvels was furious when he saw Dr BioGerm’s post; the share price for MedicalMarvels dipped dramatically overnight.
Medical Marvels has a Social Media Policy that states:
Staff are directed not to engage on social media in any capacity due to the highly specialised nature ofwork undertaken by Medical Marvels, however you are encouraged to ‘like’ our products on socialmedia sites.
Dr BioGerm has come to see you and wants your urgent legal advice. She says that she wants to enforce her ownership rights in relation to the man-flu vaccine. She also tells you that she is meeting with the CEO tomorrow; he informed her last night via text that it will be a disciplinary meeting as a result of her breach of the Medical Marvels Social Media Policy and that she is an employee of Medical Marvels–she says this is news to her!
What is your advice for Dr BioGerm? Advice requirements
