Descriptive Essay

1144 words - 5 pages

DESCRIPTION……

DESCRIPTION……

Assessmet 1-Essay

Length: 850 - 1000 words������

Determining whether a work relationship is one of employment or not is sometimes a matter of impression. It is unfortunate that this is so. Gray J in Re Porter; Re Transport Workers Union of Australia (1989) 34 IR 179 at 184. To what extent do you agree with this statement?

This question requires you to show that:

There is no simple formula for determining whether a work relationship is one of employment or not, thus a number of tests (or versions of them) have been applied.

The right to control has been central but in recent times control has become decentred in favour of the holistic approach.

The resulting uncertainty can be unfortunate for a number of reasons.

���

THIS SHOULD ONLY BE APPLIED TO AUSTRALIA LAW.

Legistation:

Commonwealth

Fair Work Act 2009 (cth)

State

Equal Opportunity Act 1982.

Fiar Work Act 1994

Occupational Health and Wlefare Act 1987

Workers REhabilitaion and Compensation Act 1986

reference list on a separate page after conclusion

use Harvard Style of referencing ONLY

do not use foot-notes

print word count at the end of your assignment (conclusion).

MUST USE HARVARD REFERENCING SYSTEM: This must be pr�cis. If unsure, do a websearch.

Please use 12 sources. Please use, journals, e-jounral, books, e-book, magazines

PLEASE ASK IF YOU WOULD LIKE A GUIDE.

Help Document…………

Depending on the argument, depends on the tests you decide to use. You must obviously use the control test. But also others may apply.

Describe the test for categorising work relationship into employee or independent contractor.

Why make the distinction?

Taxation, superannuation, tort law, application of common law rules, protective statues

1. Employee: Contract of service

2. Independent contract: Contract for services

TESTS

CONTROL TEST

This contain 2 elements

1. Nature of the control

2. Degree of the control

See cases performing Rights society v Mitchell And Booker, FCT v J Walter Thompson.

A leading cases which established the test in Australia Zuijs v Wirth Bro

Issue here: Control in fact/ not the right to control.

Z was an acrobat (injured) - W owned the circus.

Only Z knew how to be an acrobat, so how could W control his work?

W had general control over Z' employment.

Humberstone v...

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