Assignment Question Abe is 23 and a university student. He uses his car to deliver flowers for Pretty Blooms Pty Ltd. He has his own Australian Business Number and is one of ten delivery drivers currently working for the company. Abe also works for a horticultural business that maintains and landscapes gardens. When Abe started working for Pretty Blooms 5 years ago, he signed a contract that was headed Contractor Agreement. It said he was not an employee although he might work regular hours and was free to refuse any allocation of work at any time. It also stated that he must comply with their policies, including a social media policy which required he not discuss Pretty Blooms, or implicate them in discussions, on social media. In addition, the contract made clear he was not entitled to paid personal leave or any accrued annual leave. Pretty Blooms has an app that is on Abe's mobile phone. Abe uses it to receive instructions on where to deliver when he picks up bouquets and bunches of flowers from the Pretty Blooms warehouse. Abe wears his own clothes sometimes, but other times he wears the PB logo shirt the Pretty Blooms warehouse. Abe wears his own clothes sometimes, but other times he wears the PB logo shirt supplied to him when he started working for Pretty Blooms just over a year ago. Abe enters information into the app that confirms when he has made a delivery. Pretty Bloom uses this information to pay him for each delivery he makes, in addition to the daily base rate payment they pay. He works four-hour morning shifts on Mondays, Wednesdays, and Fridays. Sometimes he does two shifts in a row. Abe has heard he can give any assigned delivery work to another driver if he is too busy, but he hasn't done that yet. A couple of weeks ago Abe's relationship with the supervisor was stressed when Abe said he couldn't work part of the following week, due to his brother getting married in a rural area many kilometres away. The a supervisor said that he really needed Abe to work as usual and that if Abe wasn't available, he simply wouldn't get any more shifts. Abe was not happy and said that he would not miss a family wedding for work and that Pretty Blooms could go jump. The supervisor didn't like his attitude. Abe went to his brother's wedding and has not had any more shifts. wedding and has not had any more shifts. Recently, Abe was using Facebook and posted a picture of himself and a happy customer receiving flowers, with a note that his work is the best when it makes people happy. He happened to be wearing his shirt with the PB logo on it. The next day he removed the photo. However, his supervisor saw the posting and has reported it to the General Manager. (a) Was Abe an employee, or another type of worker? Refer to decided cases that use the current common law test. (b) For the purposes of this part of the assignment, assume Abe is an employee: Does Pretty Blooms have a duty to pay Abe for the days he was away for his brother's wedding? nb. Discuss common law only. Do not discuss any legislation in your answer. (c) For the purposes of this part of the assignment, assume Abe is an employee: Has Abe breached a contract term by posting the photo? END OF QUESTION

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