Workplace Law Assignment: Employee Rights and Redundancy
VerifiedAdded on 2020/05/03
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Homework Assignment
AI Summary
This document presents a detailed analysis of a workplace law assignment, addressing two key issues: the determination of employee versus independent contractor status and the application of redundancy rules. The first part of the assignment examines a scenario involving an actress, Amanda, and a television production company, Monks Pty. Ltd., exploring whether Amanda is an employee or a subcontractor and her potential legal recourse for unethical behavior by the director. It references relevant case law, including FAIR WORK OMBUDSMAN v LU'S HEALTHCARE PTY LTD & ANOR, Hollis v Vabu Pty Ltd, and ACE Insurance Limited v Trifunovski, to support the arguments. The second part of the assignment focuses on a redundancy case involving Ken and Bob, analyzing whether the 'last on/first off' rule applies and if Ken is entitled to claim redundancy pay. It references cases like James v Royal Bank of Scotland and Australian Iron & Steel Pty Ltd v Banovic to support the conclusions. The assignment concludes with a discussion of the rights of the employees under the Fair Work Act 2009 (Cth) and the potential for legal action and compensation in both scenarios. The document is a student's attempt to demonstrate an understanding of workplace law principles.
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