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Identify the relevant legal issues

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Reference no: EM132205002

Question 1:

A factual hypothetical question is where a hypothetical situation is presented and you are asked to provide legal advices. For example, question 1 of Topic 2 Interteaching Questions is a factual hypothetical question ( "Bauer and Kapp").

When faced with a factual hypothetical question, follow the following steps:

1. Identify the relevant legal issues

2. apply the legal principles from cases or statute

3. develop legal arguments from these principles

4. arrive at a considered conclusion.

The emphasis is on the application of the law in the context of a problem rather than merely stating legal

Question 2: News Article Analysis

Worker moves to bin Woolies' deal in pursuit of $1 billion back pay

As the SDA prepares to take a proposed deal to Woolworths workers, its rival union is backing a store supervisor's application to terminate the retailer's 2012 national agreement and claw back $1 billion in alleged underpayments.

Retail and Fast Food Workers Union secretary Josh Cullinan told Workplace Express today that he will represent Woolworths Moorabbin store level 3 service supervisor Loukas Kakogiannis in his FWC bid to terminate the nominally expired 2012 deal.

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The present report has focused on discussing different aspects of employment laws. These discussions have been made in context to the provided case scenario of Woolworths. Herein, in the portion- relevant legal issues, the legal issues on the basis of which, this case have been developed like not providing penalty rates during day of Saturday, weeknight’s evenings have been focused. In application of legal principles, statues in context to employment laws that are aligned to the provided scenario like Fair Work Act 2009 have been discussed. In, developing legal arguments a discussion on this legislation have been done in context to Woolworths National Supermarket Agreement 2012. Based on these discussions a conclusion to the case scenario has been provided.

Reference no: EM132205002

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Reviews

len2205002

12/30/2018 9:14:27 PM

6. Marking Criteria for BOTH questions are: • Clear identification of legal issues relevant to the question • Demonstrated knowledge and understanding of the law relating to the issues. • Description of legal sources (legislation and/or case law) • Description of the facts • Logical structure • Use of English language with care and accuracy

len2205002

12/30/2018 9:14:21 PM

2. Include a cover sheet stating your name and your student number. 3. Submit ONE electronic copy via Canvas. 4. The maximum word limit is 3000 words. Please include a word count on the cover sheet. 5. This is an individual assignment, therefore students are expected work individually and not as a group.

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