Refer to the facts of exercises 19.1 to 19.3. Ash is now a permanent part-time employee at the Organicola factory. Ash wants Gaia to go to university but Gaia insists on becoming a full-time worker at the Organicola factory. On Ash’s behalf, Johnny tells Gaia that she no longer has a job at the factory, effective immediately, but refuses to tell her why. Is Gaia entitled to bring an unfair dismissal action against Organicola? What would be the consequences if her action is successful?

Exercises 19.1 and 19.3

Go to the Fair Work Commission website at www.fwc.gov.au. Work out which modern award applies to Gaia (see exercises 19.1 and 19.2) and briefly summarise the terms and conditions of her employment.

Exercises 19.1 and 19.2

Ash’s niece Gaia works at the Organicola factory packing soft drinks into cartons on school holidays. They have an understanding that if Gaia wants to work on a particular day she can just show up without notice. Johnny and Ash pay Gaia $50 a day to do odd jobs given to her by the shift supervisor. One day Gaia slips over in some spilled cola that has been left on the floor and breaks her wrist. Johnny tells her that she is not really an employee. Is Johnny correct?

Gaia is now employed as a part-time worker in the Organicola factory. At a family dinner she tells Ash that she hates coming to work now because her new supervisor keeps staring at her, asking her personal questions and asking her out to dinner, which Gaia politely declines. What steps should Ash take next, and what are the possible legal consequences of failing to take such steps?