Workplace Law

Running head: WORKPLACE LAW
Workplace Law
Name of the Student
Name of the University
Author note

1WORKPLACE LAW
(a)
Issue
The issue of this scenario is whether Annie will be able to be a party to a valid
contract of employment.
Rule
As per the Fair Work Act, 2009, a valid contract of employment refers to a written
agreement that is usually signed and agreed to by both the employee and the employer.
Agreements of employment are generally implied based on verbal statements or the activities
of the employee and employer. The purpose of the employment contracts is to produce the
rights of the employer to fire an employee who was limited. Employment contracts are
formed based on various kinds of agreement. However, the statute of frauds states that any
sort of a verbal agreement is not permitted to be carried out in less than one year. Tullett
Prebon (Australia) Pty Ltd v Simon Purcell discussed the fact that the certainty was being
provided by the fixed-term employment contracts by restricting the ability of an employer for
enforcing a full term contract. The employment relationship is referred to as the contract of
employment thereafter. The parties must therefore be attentive when the verbal or written
contract of employment is being formed between the employer and the employee. The terms
and conditions involved with the contract of employment must have clarity when it is formed.
The necessary or the essential requirements of the contract must be fulfilled as per the
legislation that has been mentioned above. In this regard, it is noteworthy to mention here
that an employee must be entitled to all the important benefits of the contract.

2WORKPLACE LAW
Application
From the given scenario, it can be stated that an employment contract was formed
between Annie and the Chinatown Restaurant in 2012. However, she had resigned from the
restaurant by submitting a written resignation letter and ending the contract of employment
that had been formed previously. However, she had to send another official letter to the
services of the restaurant as per the orders of the Human Resource Management of
Chinatown. After doing so and signing the agreement in the staff meeting, Johanna, human
resource manager that she will be treated as an independent contractor and will be entitled to
all basic pay, thereafter informed Annie. Thereafter, after signing the new agreement, she had
worked more and received fewer amounts of rewards. Despite her complaining to Johanna
regarding the pay issue as compared to the work she did, she did not pay heed to her. It can
be stated here that the new agreement was formed in a written form and both the parties
agreed upon it based on the terms and conditions. Fair wages must be distributed accordingly
as per the work done and what the individual deserves. Hence, according to the provisions of
the legislation, a valid contract of employment was formed between Annie and the restaurant.
This is because the new agreement was created after Annie had resigned already.
Conclusion
In this situation, it can be concluded stating that Annie will be considered to be a
party to a valid contract of employment.