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Case Studies on Workplace Law

   

Added on  2020-05-03

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Running head: WORKPLACE LAWWorkplace LawName of the StudentName of the UniversityAuthor Note
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1WORKPLACE LAWQ1. Issue According to the case studies the issue has been arises whether Amanda is an employeeor an independent contractor and she can recover her injury & for her effective dismissal? Rules The employee is person who works for the employer for the exchange of wages, salary.Employees work for individually. They can also work as per some contract which can be writtenor verbally as per the terms of the employment. When someone gets the employment under theemployment contract then they are bound to follow their duties and rights. Independent contractor is a person who works for another person on the controls by thatperson where the processes and methods are all followed under an employment agreement. Theagreement has formed under some mutual contract binding. FAIR WORK OMBUDSMAN v LU'S HEALTHCARE PTY LTD & ANOR[2016]In this case the court has found that the under the section of 45 F Fair Work Commission has setthe minimum of time period where the employees are hourly ate f [ay and the defendant hasfailed to pay the amount as per the act. The principal contractor also failed to pay tea out to theemployees. Pirie Street Stage 1 P/L v Trotman & Anor and Stewart & ORS [2015] SADC 123 isanother case where a general contractual agreement has been made where the terms of thecontract as been breached and the defendant also apply for the defense for himself. Third parties
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2WORKPLACE LAWappointed by plaintiff to introduce potential purchasers for which they would be paid acommission. Subcontractor is the part of any contract where the terms of the agreement has been madewith the mutual consent of the both parties Euphoria completely aware about the terms whichhas been they accepted and as soon as the terms define no intention to create illegal relationshipthen it will considered as a contract when both the parties have equal responsibility to do to theirduties. Stevens v Broadribb Sawmilling Co Pty (1986) is A FAMOUS CASE OF Astraliawhere the court has stated the facts about the control test and business integrity test for thedevelopment of the employment status for the employees. Hollis v Vabu Pty Ltd (t/as Crisis Couriers)(2001) is a case which has consist of thefacts where the court has provided the order about whether the person is an employee or anindependent contractor. Therefore the test of the business integrity has been defined in this case. In the case of ACE Insurance Limited v Trifunovski [2013] the court has determinedand investigate the defendant has been employed the plaintiff as an independent contractor but hehas failed to satisfy the terms. According to the terms of the contract if any contract has been breached or terminateddue to the any valid reason then legal action can be taken against the plaintiff or defendant whois liable for the actions in this matter if it has found that any of them as level for the cause of oneof them hold the responsibility therefore the compensation are also claimed for the breach of theterms of the contract.
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