Case Study on Yum Yum Pizza

Running head: OCCUPATIONAL HEALTH AND SAFETY LAW Occupational health and safety lawName of the studentName of the universityAuthor note

1OCCUPATIONAL HEALTH AND SAFETY LAWIssue 1The issue which has to be addressed in this case is to identify to identify the legalposition of Vinod that he is an employee or an independent contractor. If he is an employee whatare the compensations which he is entitled to. Rules In order to determine the compensation to be paid to a person it has to be analyzed that he worksin the capacity of an employee or an independent contractor. The relationship between an employee and an independent contractor is determinedthrough the use of legislations as well as common law tests provided through various tests. The major legislation dealing with the relationship between employee and employer inAustralia is the Fair Work Act 2009. The Independent Contractors Act 2006 and the Fair WorkAct 2009 set out the entitlements and the rights of contractors and employees in Australia. Thereare various factors on which the differences between an contractor and employee is based on. Asingle factor cannot determine whether a person is a contractor or an employee. The totality ofthe relation is analyzed by the courts looking at each case in order to determine the employmentstatus of a person. A few common factors for the purpose of determining whether a person is anindependent contractor or employee are as follows. Degree of control on how the work is to be performed: the work which is performed byan employee is totally under the control and direction of the employer on a regular basis.An independent contractor has a high degree of control over the work done by them.

2OCCUPATIONAL HEALTH AND SAFETY LAWHours of work: an employee mostly has set hours of work which can have flexibletiming. The hours of a casual employee may vary from week to week. On the other handthe contract decides on what hours the work which has been provided to him has to becompleted. Risks: An employee has no financial risk during the course of employment as the risksare covered by the employer. On the other hand an independent contractor bears the riskassociated with making profits or incurring losses on every task. The liability of poorwork is also borne by the contractor along with any injury sustained while doing the task.Therefore the contractors have a personal insurance policy. Superannuation: an employee has the right to receive superannuation which is paid into anominated fund by the employer. On the other hand contractors pay their ownsuperannuation however they may have the right to superannuation funds in certain cases.Equipments and tools: generally an employee is provide equipments and tools by theemployer or else they are given a tool allowance. On the other hand contractors use theirown equipments and tools. Alternative arrangements may also be made within thecontract or services. Tax: The income taxes off the employees are deducted by their employers whereas thecontractors pay their own GST and tax to the ATO. Method of payment: employees are paid regularly such as weekly, fortnightly or monthly.On the other hand the contractor has ABN and an invoice is submitted by him when thework is completed or he is paid directly after completion.

Running head: OCCUPATIONAL HEALTH AND SAFETY LAW
Occupational Health and Safety Law
Name of the Student:
Name of the University:
Authors Note:

1
OCCUPATIONAL HEALTH AND SAEFTY LAW
Contents
Part A:..............................................................................................................................................2
Issue:............................................................................................................................................2
Rules:...........................................................................................................................................2
Application:.................................................................................................................................3
Conclusion:..................................................................................................................................4
Part B:..............................................................................................................................................5
Issue:............................................................................................................................................5
Rules:...........................................................................................................................................5
Application:.................................................................................................................................6
Conclusion:..................................................................................................................................7
References:......................................................................................................................................8

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OCCUPATIONAL HEALTH AND SAEFTY LAW
Part A:
It is important to comply with the workplace health and safety requirements to provide a
suitable and conducive work environment for the workers and employees in the workplace.
Taking into consideration the facts of the case a detailed discussion on the issue, rules,
application and conclusion shall be made here.
Issue:
The issue here is multiple and not limited to one. Following issues have been identified from the
facts provided about the 2 neighbouring warehouses on St Valentines Street.
I. Can the fire and the subsequent death of Johnny Torrid could have been prevented by
implementing a proper workplace health and safety program in place?
II. Has the Chicago Outfit Limited (the Outfit) implemented proper procedures in place to keep
the warehouse in proper condition to ensure safe and healthy work environment for the
workers?
Rules:
Safe Work Australia developed set of laws and guidelines in 2011 to be followed at the
workplace to provide appropriate physical environment at the workplace. These laws are known
as model WHS laws to be complied by the employers and employees to ensure suitable
workplace environment for the health and safety of the workers. The Model WHS laws include
model WHS act, Model WHS Regulations and Model code of practice (Sellens et. al. 2018).
Model Code of practice for confined space provides detailed rules and regulations to be followed
by the employer to maintain proper ventilation and atmosphere in such small spaces. Since often
no work is conducted is such spaces an organization tends to ignore the requirements of