Australian Employment Law

Emma commenced working as an Admin Officer at Aussie Turf Supplies (ATS) at the start of the year. Her terms and conditions of employment are set out in the attached contract.

Emma has not been getting along with the Office Manager of ATS, Anna Metcalf, who has been the subject of several bullying complaints in the past.

Last week, Emma vented her frustration in a number of Facebook posts describing the workplace culture at ATS as toxic and calling-out Anna as a psychopath bitch.

Emmas posts also promoted WorkSafe, encouraged people to vote for an independent candidate in the federal election to achieve better workplace regulations, and explained how to donate to under-funded charities like Lifeline who can help victims of bullying.

ATS does not have any enterprise agreements in place, but it has a number of HR policies including a Code of Conduct and a Grievances Complaints Procedure.

Emmas Facebook profile is private, but she was friends with some work colleagues who notified the Managing Director of ATS, Tony Pick.

Tony decided to commence a disciplinary investigation and notified Emma that she was being suspended without pay until further notice.

Tony's preliminary inquiries reveal that the relevant Facebook posts were made on a Saturday night while Emma was at home using a work tablet.

During her suspension, Emma has taken a closer look at the contract she signed late last year and she reckons its dodgy. and wants to do something about it.

Questions.Are there any issues with Emmas contract and her suspension in terms of the NES, award compliance, and relevant common law principles?

Questions.Has Emma breached any of her express or implied obligations? If so, what are the potential consequences for her?