Assignment Instructions

It is recommended that you use the IRAC problem solving method.

You may use headings and subheadings to structure your answer.

Your answer must include legal references (relevant cases and/or sections of Acts).

You are required to use the Harvard style of referencing. You should include a reference list in your assignment, including a list of legal references you have used.

You will be assessed on your ability to use and apply the course materials to the assignment scenarios.

You must include the Assignment Feedback sheet at the end of your answer.

Question 1 - Employing Staff (worth 10% of your overall grade)

The Jungle Giants (Sam, Cesira, Andrew and Keelan) has decided to market their latest album with the release of a wine and has asked Harry and Hermione to do the grape picking.Harry and Hermione have their own grape picking business called Dumbledore Vines.Harry and Hermione own the trucks used for collecting the grapes.The Jungle Giants pays for the registration and petrol of the trucks.

In relation to the grape picking:

-Harry and Hermione pick grapes only in good weather- The Jungle Giants accepts this.

-The Jungle Giants requires Harry and Hermione and pays for them to go to safety training.

-There is no set amount of grapes to be picked.

-Harry and Hermione are paid per tonne.

-The Jungle Giants advises them what section to pick and what type of grapes to pick.

-They wear the Jungle Giants winery uniforms.

-One time after 3 loads of poor quality grapes Sam yells "I will take away your uniform and give the work to better workers."

-Hermione is hurt one day when she catches her foot on a vine, falls over and breaks her ankle.She cannot work for 2 months.

Is this a contract of employment or independent contractor arrangement?