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Redundancy Criteria and Legal Implications

   

Added on  2020-03-28

9 Pages1966 Words103 Views
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Running head: BUSINESS LAWBusiness lawName of the StudentName of the UniversityAuthor Note
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1BUSINESS LAWTable of ContentsQuestion 1........................................................................................................................................2Question 2........................................................................................................................................6References........................................................................................................................................8
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2BUSINESS LAWQuestion 1IssueWith respect to the given scenario the identified issue is to determine whether Amanda is anemployee or an independent contractor with respect to Monk Pty Ltd Rule In the case of Stevens v Broadribb Sawmilling Co Pty (1986) the court combined the controltest and the business integrity test in order to develop a new test to determine the employmentstatus of the employee. The test is known as the multiple indicia test. According to the provisionsin relation to the test no single factor is adequate to determine employment. The test wasconfirmed in Australia in the following case. In the case of Hollis v Vabu Pty Ltd (t/as Crisis Couriers)(2001) 207 CLR 21 it had beenruled by the court that a person is an employee or an independent contractor does not depend onthe fact that what label has been provided to them. The court analyzes the totality of therelationship in order to determine the statues of a person as an employee or an independentcontractor. The following criterion is used by the employees to determine whether a person is an employeeor a independent contractor as provided by Twomey (2012). Control on work- Work of an employee is mostly controlled by the employer. This means thatthe employees are directed as to what to do in the work and when to do the work and the way inwhich the work is to be done. On the other hand the employer does not have such a degree of
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