Managing Workplace Relations - Assessment 2 Case Study

MANAGING WORKPLACE RELATIONS
ASSESSMENT 2_CASE STUDY
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Table of Contents
Introduction................................................................................................................................2
Question 1..................................................................................................................................2
Question 2..................................................................................................................................5
Conclusion..................................................................................................................................7
References..................................................................................................................................8
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Introduction
The study revolves around a stipulated case study, which construes of a disputed situation
that vouches for assessing the employment status of an individual along with evaluating the
mode of dismissal for the concerned victim. The study involved the concept of employment
along with identifying the legal provisions available for each of the following cases.
Question 1
Determine whether Omar is an employee or an independent contractor
Economic Dependence Test
According to the application and extent of the Fair Labor Standard Act, 1938 (FLSA), it has
been understood that the concise provisions construing the concept of law, utilizes an
Economic Realities Test, which is commonly known as the Economic Dependence Test
(EDT) (Grossman, 1978). The test has been incorporated for determining the working status
of an employee. It helps in the apprehension of whether a worker is categorically an
employee or a contractor in accordance with his operational status. As per Title 29 of the
United States Code (USC), section 230(g), the definition of an employee is broadly stated.
Section 230(g) states that an employee is an individual who is categorically entitled or
burdened with the task of being suffered or being permitted to work, in accordance with the
viable provisions of the concerned area of operation (Sekiguchi et al, 2017). EDT aids in
assessing the status through certain factors, for evaluating the feasibility (Whitt, 2016). They
are enlisted as follows:
● Assessment of the workers precise relation with business
● Impact of the Workers capability in accordance with the entity being affected with the
individual’s profit or loss
● Assessment of the intensity of the worker’s relative investment
● Assessing the nature of the concerned allocated work
● Intensity of persisting relationship between the employee and the worker
● Evaluating the degree and credentials of the control bestowed upon by the employer
The Federal Courts of Australia utilizes EDT for assessing its difference from the Right to
Control and also for assessing the viable status of the employee in accordance with the
requirement which tends to meet in lieu of the respective qualification of the concerned
individual (Popelier, 2016). It is a kind of multi-factor balancing test, which is also used at
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