Part
B: Extended response question: Letter to a lawyer (15 marks)

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.

Referencing: Wherever you have taken an idea from another source,
reference the source in a footnote to show support for the points you are
making, and also to demonstrate the amount of research you have done.

Any direct quotes (words that are copied from another source
and are not your own words) must be marked with quote marks, and the source
must be referenced in a footnote.

Citation style:Harvard style as per the Business School style requirements
is acceptable for this assignment. However, if you are including references to
cases or legislation, please use the following styles (the Acts and cases
themselves are not necessarily relevant, they are only examples – note where
the italics are and also the spacing and absence of punctuation):

Legislation: Copyright Act 1968 (Cth) s 36

Case: Grant v Commissioner of Patents (2006) 154 FCR
62; [2006] FCAFC 120

Some suitable research references/sources to get you
started:

•
(Prescribed text) James, Nickolas, Business
law (John Wiley & Sons, 2^nd ed, 2012).

•
Online Modules on vUWS.

•
Gibson, Andy & Douglas,
Fraser, Business law (Pearson, 7^th ed, 2013)

•
Turner, Clive, Australian
Commercial Law (Law book, 29^th ed, 2013)

•
Government
websites such as, e.g., www.business.gov.au;
www.ipaustralia.gov.au

•
Other
internet resources may be used, provided they are reliable and reputable. Take
care that internet sources are on Australian law.

•
Other
recent textbooks on Business Law (consult the Library catalogue).

Suggested format for the letter is over the page…the parts in square brackets are
guides to what you should put where – overwrite these words and brackets with
your own content.

Mexican
Spices

12 Sharp Avenue

Kensington, NSW- 2032

Our reference: **** (invent a
file number)

[DATE]

[ADDRESSEE – the lawyer]

[ADDRESS]

[ADDRESS]

[GREETING / SALUTATION – Dear
***]

RE:
**********

[CONTENT — USE PARAGRAPHS &
FULL SENTENCES]

Yours sincerely,

[SIGNATURE]

[NAME]

The Accounts Manager