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Workplace Law Assignment Questions based on Case Study 2017

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Law (LAW 531)

   

Added on  2020-03-01

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To determine the working relationship, earlier the control test and the integration tests were used, but these two tests have been merged with the multi-factor test. The multi-factor test was initially introduced in the matter of Stevens v Brodribb Sawmilling Co Pty Ltd. This test was affirmed later on in the matter of Hollis v Vabu Pty Limited and is commonly used since then.

Workplace Law Assignment Questions based on Case Study 2017

   

Law (LAW 531)

   Added on 2020-03-01

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Workplace Law Assignment Questions based on Case Study 2017_1
WORKPLACE LAW2ContentsQuestion 1........................................................................................................................................3The Legal Issue............................................................................................................................3The Relevant Law........................................................................................................................3Application of the Law to the Facts.............................................................................................4Conclusion...................................................................................................................................5Question 2........................................................................................................................................5The Legal Issue............................................................................................................................5The Relevant Law........................................................................................................................5Application of the Law to the Facts.............................................................................................6Conclusion...................................................................................................................................7Question 3........................................................................................................................................7The Legal Issue............................................................................................................................7The Relevant Law........................................................................................................................7Application of the Law to the Facts.............................................................................................8Conclusion...................................................................................................................................9References......................................................................................................................................10
Workplace Law Assignment Questions based on Case Study 2017_2
WORKPLACE LAW3Question 1The Legal IssueWhether Davy would be considered as an employee of ABC, or not?The Relevant LawThere is a difference when it comes to an independent contractor and an employee and the people who fall under each of these categories, have different rights and liabilities. A contractof service or an employment contract is entered into for creating a relation between employer-employee and this governs the relationship between the employer and their employee (Murray 2016). In order to determine the working relationship, earlier the control test and the integration tests were used, but these two tests have been merged with the multi factor test. The multi factor test which was initially introduced in the matter of Stevens v Brodribb Sawmilling Co Pty Ltd[1986] HCA 1. This test was affirmed later on in the matter of Hollis v Vabu Pty Limited (2001) 207 CLR 21 and is commonly used since then. This test dictates that different factors have to be taken into consideration, depending upon the circumstances present, to denote if an employer employee relationship is indeed present (Find Law 2017). So, in this regard, the wearing of uniform, the word hours, the providing of equipments and machinery, the paid holidays, the tax benefits, and different other factors are taken into consideration. Some of the differences between the two include that the work of the independent contractor can be delegated; though, the work of the employee cannot be. Also, the employer is
Workplace Law Assignment Questions based on Case Study 2017_3
WORKPLACE LAW4liable for the acts of the employee due to the concept of vicarious liability. The working hours of an independent contractor cannot be regulated by the employer, but the same can be done for the employee. In order to make a decision regarding a person being an employee and a person being an independent contractor, the control over the employee is to be seen as was given through the caseof Zuijs v Wirth Brothers Pty Ltd [1955] HCA 73. As per this case, the degree to which a person can be controlled would denote the status and in this regard, the actual control over the individual is irrelevant. Wearing uniforms was deemed as the presence of employer employee relationship in the case of Humberstone v Northern Timber Mills (1949) 79 CLR 389 (Marshall 2006). So, all the possible situations revolving around the employment have to be considered. It has also been stated under this test that a single list or criteria cannot determine this status and so,different aspects had to be evaluated. Hollis v Vabu Pty Limited saw the employer was held vicariously liable for the bicycle courier, who was considered as an employee, due to factors like being provided the bicycle by company, being paid on a flat fall for each delivery and for wearing the uniform, along with having strict start timings (Bogg and Freedland 2013, 283). Application of the Law to the FactsIn order to determine the status of Davy, the multi factor test discussed above would haveto be applied. ABC had the control over Davy as he did whatever was asked by them. He even signed the letter just because he was asked to do so, which showed the control of ABC over Davy. Davy was integrated properly in the business of ABC as he wore the uniform provided by
Workplace Law Assignment Questions based on Case Study 2017_4

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