Workplace Law

Workplace Law
Running Head: Workplace Law 0
2 / 2 1 / 2 0 1 9
Student’s Name

Workplace Law 1
Contents
Question 1........................................................................................................................................2
Issue 2
Rules 2
Application 4
Conclusion 4
Question 2........................................................................................................................................5
Issue 5
Rules 5
Application 6
Conclusion 6
Question 3........................................................................................................................................6
Issue 6
Rules 6
Application 7
Conclusion 7
References........................................................................................................................................8

Workplace Law 2
Question 1
Issue
The issue involved here is to check whether Bob is a contractor or an employee for RSL club
based on the common law test.
Rules
Mainly two types of employment status are there. One is a contractor and another one is of the
employee. As the name implies, an independent contractor is independent in his/her working.
Such people take the work and complete the same, as they want without the interference of
another person. Employees, on the other side, are bound to do the work as per the instructions of
the employer. They are not independent in their working and their working is restricted by their
employment contracts (Jost 2014).
Many of the times, the employment status of a person remains confusing. To deal with such
situations, common law prescribes certain tests, using that this can be decided that whether a
person is a contractor or employee. The tests are further prescribed in the following discussion.
The first and one of the most significant cases are a control test, which has been given in the case
of Yewens v Noakes (1881) 6 QBD 530. According to the control test, the control level of the
employer on a person decides the employment status of the later one. The court does not only see
whether the master has the right to control the work of employee but also check that whether the
same also control the manner of working. The test says that whenever others control a person in
term of wearing clothes or shift timing, the same consider as an employor of such other person. It