Workplace Law: Employment Contract, Employee Status, and Breach of Federal Legislation

Running Head: BUSINESS AND CORPORATION LAW 0
Workplace Law
10/18/2018
Student’s Name

Workplace Law
1
Contents
Question 1 (a)..................................................................................................................................2
Issue 2
Rules 2
Application 2
Conclusion 3
Question 1 (b)..................................................................................................................................3
Issue 3
Rules 4
Application 5
Conclusion 5
Question 1 (c)..................................................................................................................................6
Rules 6
Application 6
Conclusion 7
References........................................................................................................................................7

Workplace Law
2
Question 1 (a)
Issue
To check that whether Annie is able to be a part of a valid employment contract or not.
Rules
People need to have the required the capacity to enter into a contract. In general, people who are
not a citizen of Australia can build up a contract in this nation. The problem is with employment
contracts as a person who is not resident of Australia is likely to be restricted by developing any
contract of employment in the nation (Waarden, 2018). In the case of migrants, the law says that
such people are not allowed to be employed in Australia except in those cases where terms of
their visa allow the same. In addition to this, under a common law, it is a rule that a person who
has not attained the age of 18 years at the time of entering into a contract, he/she cannot be held a
party of a valid contract.
Further, in addition to this, there must not be the existence of any unlawful term in a contract. A
contract cannot be held valid if the same consist one or more unlawful term. Misrepresentation is
one of the kinds of unlawful term. It is a situation where a person misrepresents an important fact
to the other party of the transaction with the intention to seek his/her consent (E-Law Resources,
2018). Such representation can be fraudulent or innocent. Meeting of minds is also necessary for
the development of a valid contract. If parties are not clear with the intention of each other, a
valid contract cannot exist in a transaction (Morgan, Bauer, Flowers and Morrissey, 2017).
Application
In the given case, the person named Annie was migrant for Australia as she belongs to China
originally. She moved to Australia and started working in Chinatown Restaurant. According to