Reference no: EM13332509
Extended response question: Letter to a lawyer
Scenario
Two Mexican cousins named Agustin and Basilio run a business together, a restaurant called Mexican Spices in Kensington. They have been in partnership since 2005. Agustin holds a Chef's level 2 certificate, and is the head Chef of Mexican Spices and Basilio's role is to look after the customers.
Pedro is a TAFE student who is studying to be an apprentice Chef. Pedro has been working for the restaurant business for three and a half years on a casual basis. He does not have a regular work pattern. At busy times he may be called to work for up to eighteen days per month and at other times he may be called to work only up to three to five shifts in the month. Pedro has good reports for his work performance.
Agustin has seen Pedro write down a lot of his favourite recipes which had been handed down by his (Agustin's) mother; these being the dishes that keep the customers coming back to the restaurant. Pedro on occasions was allowed to cook for the customers in busy periods.
Pedro's job include waiting on customers and helping in the kitchen when required. Agustin and Basilio always pay cash in hand to Pedro at the end of each day and no superannuation has been lodged with a fund. Pedro has not expressed any objection to this practice.
Pedro burned his hands while washing the dishes recently. He got some first aid care, and because it was a very busy Saturday night he had to return to work after a mere hour break. While serving a fussy customer Pedro then lost his temper and shouted at the customer. Later he apologised and explained to the customer the reason for losing his cool.
Soon Pedro will finish his TAFE course and become a Level 1 Chef. Agustin and Basilio both have heard from one of their neighbours that Pedro is planning to purchase the Alberto's Pizzeria in the Kensington area and turn it into a Mexican restaurant where he will be the head Chef. Pedro has told some customers that he will use the word 'Mexican' in the name of his eatery.The cousins became worried. They do not want Pedro to take away any of their regular customers nor know the secrets of their Mexican recipes.
The cousins jointly decided that they should not give Pedro any more work. Before stopping Pedro's work Agustin suggested that they should check with a practicing lawyer if there will be any problems if they stop giving Pedro work without notice. The cousins are a bit worried as Pedro has a history of taking his former employers to court for unfair dismissal and they do not want any trouble of this kind.
You are the accounts manager for Mexican Spices. Agustin and Basilio want you to work out the best course of action for them to take, within the legal requirements, in dealing with Pedro and then to 'run it past a lawyer'. You are requested to write a letter to a lawyer practising in a suitable area of law along with the following lines:
- Introduce yourself;
- Explain the fact situation (giving rise to any perceived legal issues);
- Explain what Mexican Spices wants to do and how you think the cousins are entitled to act, within the scope of the law (ie, the course of action you have worked out is the most likely one for Mexican Spices); and
- Request the legal practitioner for advice about the legality of your plans and about any other legal concerns which you may have arising from these circumstances.
Notes/advice:
For the purposes of this letter you may invent the name of a lawyer or firm, ideally one that indicates the invented lawyer or firm is practising in the right area of law for this problem.
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