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Labor and Employment Law - PDF

   

Added on  2021-05-31

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Running head: LABOR AND EMPLOYMENT LAWLabor and Employment LawName of the StudentName of the UniversityAuthor note
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1LABOR AND EMPLOYMENT LAW1.1. The issue of this scenario is whether Jonah can be called an employee or an independentcontractor as per the Section 742 of theFair Work Act 2009. As per this Act, an employee isa person who is contractually bound to the worker. On the other hand, an employer is aperson who directs the work and exercises the fundamental control over the work. Anemployee is therefore entitled to receive wages for the work he is directed to carry out.According to the meaning of Common Law, it can be stated that an employer and employeehave a complementary relationship. They cannot work without each other in an organization.Both the employer and the employee have a few specific duties that should be carried out bythem during the course of their employment. Failing to do will result in breach of thecontract. As per order of the employer, an employee generally works. Jonah can be called anemployee rather than an independent contractor when he joined the agency of somebodysometime. When Jonah joined ‘the Organic Centre’ he was referred to as an independentcontractor. Fast food Award will only be given to that laborer. The awards are given to thelaborers based on their work. However, over all from the case study it can be observed thatJonah was mainly an employee working for both the agency and Organic Centre. Jonah wascarrying out all the activities and duties of an employee when he was associated and workingwith this agency and the undertaking1. There are a few basic differences between anemployee and an independent contractor. An employee is always bound by the contractwhereas an independent contractor is not bound by the contract of service. An employee hascertain responsibilities and duties and on the other hand, an independent contractor has nosuch power t o control any individual2. An employee is always entitled to receiveremuneration and payment of salaries whereas in case of an independent contractor, the1 Stickley, Amanda P.Australian torts law. LexisNexis Butterworths, 2016.2 Dau-Schmidt, Kenneth G., Matt Finkin, and Robert Covington.Legal protection for the individual employee.West Academic, 2016.
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2LABOR AND EMPLOYMENT LAWpayment of fees and the need of the contractor must submit a payment of invoice. From thedifferences between an employee and an independent contractor, it can be establishedwhether an individual is an employee or an independent contractor.2. As per the Australian Employment Law, there are multi factors that determine andestablish the fact whether an individual is an employee or an independent contractor. In thegiven scenario, Jonah should be gone through the multifactor tests for the establishment.According to Section 230(1), Employment Rights Act, discussed the difference between anemployee and an independent contractor3. As per the act, an employee is a an individual whohas entered into a contract and works under such employment of contract. Contract ofemployment refers to a contract of service where both the expressed and implied terms areapplied. It can either be in writing or oral. The relevant award related to the employment oflabor industry is the Fifa Award. However, the term independent contractor has not beendefined. Therefore, it can be concluded stating that an employee is an individual who isassociated under the contract of service. For establishing or determining whether a person isan employee or an independent contractor should go through the following tests. The testsinclude control, integration, multi-factor and multi obligation test. In this case study, themultiple factor test is applicable. Such kind is known as the mixed test as well. This refers toa situation and has a wider scope as compared to the integration and control test. Generally,the courts have a look at these various factors for determining an individual is an employee ornot. Such a scenario was observed in the case of Short v Henderson (1946. Therefore,without these criteria and tests the determination cannot be done. The power of choice, theright of suspension and the wages involves in the test. Several factors such as the number ofworking hours, normal working hours, types of wages, skills of a worker, the geographical3 Quinlan, Michael, Philip Bohle, and Olivia Rawlings-Way. "Health and safety of homecare workers engagedby temporary employment agencies."Journal of industrial relations57.1 (2015): 94-114.
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