Rosie was a teacher at the Perth Alternative Learning School, until recently. The School is a subsidiary of Many
Options Limited, a public corporation originally formed in Western Australia. The School employed Rosie for four years, on a full time basis. She worked with two other teachers and reported to Wendy, a director of the School. There are 30 students at the School. Last month a new School policy was introduced to improve the standard of behaviour of the students. The policy prohibits chewing gum anywhere on the School grounds and applies to all staff and students. Rosie chews gum habitually, something she picked up when she was a teenager. Rosie was caught chewing gum yesterday while she was in the bathroom and Wendy warned her she would be dismissed if caught again. This morning, by the fountain at the entrance to the School, Wendy walked past Rosie and saw her chewing gum again. When she later entered the School building Wendy came straight up to her and dismissed her on the spot for breaching the policy. Rosie responded by denying she was chewing, saying that she was finishing her breakfast.
Advise Wendy whether
(a) Dismissing Rosie was lawful at common law.
(b) Rosie can make a legislative claim that she has been harshly dismissed.
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