On 10 April 2018 students attending a class in LEGL3111 Law of Employment at the University of Newcastle thought that they had noticed that their lecturer Alphonsus Gisbertus, an academic of long-standing, was having trouble articulating the subject-matter of a topic to the class because his words seemed slurred and the subject material of the presentation was all over the place. Further, he also seemed to be struggling in the operation of the technology in the new lecture theatre that had been built as part of a new building called NewSpace in Hunter Street Newcastle.
During a break in the class a student decided to inform the Head of the Law School that, in their opinion, Alphonsus was in no fit state to conduct the class. Professor White, the Head of the Law School came directly to the class. Upon viewing and talking to Alphonsus Professor White insisted that Alphonsus take a drug and alcohol test in order to test his sobriety. Alphonsus refused to take the test.
Can Professor White make Alphonsus Gisbertus take the drug and alcohol test in order to test his sobriety?
For the purposes of this assignment the following documents may be relevant and are the only ones that need to be consulted:
· Part 2-2 of the Fair Work Act 2010 (Cth), the National Employment Standards;
· The relevant Modern Award;
· The relevant Enterprise Agreement;
· The contract of employment between Alphonsus Gisbertus and the University of Newcastle (a copy of which you will find attached to this assignment);
· The University of Newcastle’s Alcohol and Other Drugs Policywhich can be accessed athttps://www.newcastle.edu.au/about-uon/governance-and-leadership/policy-library/listing; and
· The University of Newcastle’s Alcohol and Other Drugs Management Procedurewhich can be accessed athttps://www.newcastle.edu.au/about-uon/governance-and-leadership/policy-library/listing
Do i only focus on the Enterprise Agreement and the contract of employment? I think the National Employment Standards and Modern Awards are not necessary in this problem. Please help me with this. Thank you!