Employment Law Case. The article relates the prosecution of Vincenzo Todaro, owner and manager of Venezia restaurant in Perth, who has been involved in the underpayment of two of his employees (MacDonald 2012).

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MEDIA REPORT ANALYSIS

Word count: 1,668

  1. Identify aspects of your chosen media report that relate to the law

The article relates the prosecution of Vincenzo Todaro, owner and manager of Venezia restaurant in Perth, who has been involved in the underpayment of two of his employees (MacDonald 2012).

        

  • Contract law

The article presents many aspects, which can be related to contract laws matters.  Contract laws concern particularly the creation of private agreements, such as the contract of employment (Lambiris 2011, 10).

In the case, it’s supposed that there was an agreement between the employees and the company VST Pty Ltd, of whom Mr. Todaro was a shareholder and director. The supposed agreement implicated the Chinese couple worked as cook and kitchen hand in the restaurant in exchange of salaries. Despite Mr Todaro affirms that Mr. Ng was just a trainee and Ms. Lei just a volunteer, the WA Industrial Magistrate’s Court supported the claim of the two employees and imposed the manager to pay them $78,000.

Another example of contract can be found in the agreement made between the owner and the employees regarding the car. Mr Todaro had promised them a new car if they didn’t raise claims against him. Nevertheless, they haven’t received any. This kind of agreement can be concerned also with Property law as it’s about the acquisition and transfer of private rights in goods (Lambiris 2011, 10).

  • Business law

Aspects regarding employment and labor laws can be collected in the “business law” area.  The issues of minimum wages, maximum working hours per week, pregnant women in the workplace, arise in the article. In Australia people are allowed to work a maximum of 36 hours pw, unless particular circumstances occur. The employee can decide whether to do additional hours but he must get overtime payments or compensations (Fair Work Ombudsman Hours of Work 2010).  The national minimum wage for people over 20years old in Australia is $15.50per hour, so wages below it should not be acceptable (Fair Work Ombudsman National Minimum Wage 2011). This information is relevant to the case as it’s shown that the manager paid the Chinese couple less than $10per hour and Mr Ng used to work about 60 hours per week.

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In addition, it's illegal for an employer to dismiss an employee for her pregnancy (Pregnant worker: legal protection 2012).

Mr Todaro didn’t fire Ms Lei, but she decided to quit the job when she was two months pregnant because of the bad attitude of the manager towards her.

  • Corporation law

In the article, there are also few aspects related to corporation law. “Corporation laws concern the creation, organisation and administration of the companies” (Lambiris 2011, 10).  Both VST and VCR were Ltd that means companies with Limited liability.

The  in a  is liable just for the value of his ...

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