Assignment Questions: Topic: Employment Law

Students please note -

REFERENCING REQUIREMENTS

You are required to use Legal Principles, Statutes and Case Precedents, to justify your answers.

As this is a Reading and Research Assignment, you are required to use at least 6 Sources and a variety of Sources- (including Websites, Textbooks Online Text-Books, Journal Articles, and Case Precedents.

Please note that up to 4 marks will be deducted if these requirements are not met.

The answers to Questions 1 to 4 should be around 500 words each.

Case Study - EMPLOYMENT LAW

Maas owns Zahab Tours a business located in Traralgon. He provides international tourists with Bus Tours throughout Australia. In his business he employs 20 people. He has both employees and independent contractors working as his drivers.

One day when Meher was driving on one of the Zahab Tours he travelled through a red light as he was speeding along. He collided with a taxicab in front of him. As a result, Jack, the driver and owner of the taxicab suffered injuries to his hands, legs and suffered huge damages to his car. His losses were considerable. As Jack was being driven away from the scene of the accident- Jack observed a sign, on the rear of the Bus bearing the words Zahab Tours.

Though Meher is the Bus Driver who collided with him Jack has found out that, Maas is the owner of Zahab Tours. Therefore, Jack is now seeking to recover damages from Maas for his losses. The damages he is seeking from Maas are as follows-

a. $7,000 for Medical Costs; and

b. $5,000 for Vehicle Repair Expenses; and

c. $5,000 for Loss of Income; and

d. $5,000 for Loss of Deposit on a Cruise Ship Booking that he lost when he was forced to cancel the booking.

Jack has sent a letter of demand for the compensation, but Maas is refusing any liability whatsoever. He claims that, Meher is operating as an Independent Contractor, not as an Employee, and is therefore directly liable for Jacks damages.

The background fact/circumstances of Maas and Mehers Work Relationship are as follows-

1. Maas is paying Superannuation Contributions to Mehers Superannuation Fund.

2. Meher is permitted to delegate the driving work to another qualified driver - if hes unable to drive due to illness or being busy elsewhere.

3. Meher pays for the Motor Vehicle Insurance on his Bus.

4. Meher pays for his own maintenance and repairs on the Bus.

5. Maas pays for the regular internal cleaning, and external washing of the Bus.

6. Maas instructs Meher as to the details of the Tours (pick-up and destination times and places).

7. Maas has placed his brand name Zahab Tours on the two sides of the Bus for advertising and marketing his business.

8. Meher also does some casual part time Bus driving work for another Bus Tour Company Welcome Tours - each Sunday from 2pm to 5pm. Welcome Tours is his employer in that situation and pays Meher a fixed salary of $600 for his 3 hours works every week. Welcome Tours also deducts the PAYG TAX from Mehers salary.

9. Maas and Meher have signed a Written Contract stating that Meher is engaged as an Independent Contractor.

10. Maas pays Meher a Weekly Salary. He deducts Pay as you go Tax (PAYG Tax)

and pays the balance of the Salary into Mehers Bank account.

............................................................................................................................................................................................

QUESTIONS : Employment Law

1. It has been said that under Employment Law- assessing the difference between an employee and an independent contractor- is vital as it relates to the issue of liability for negligent Conduct... Explain and discuss this statement. (9 Marks) .....................................................................................................................................................................................

2. The Multi Factor Test was utilised by the High Court to determine the nature of a work relationship in the Case Hollis v Vabu Pty Ltd (2001). Explain and discuss this case and how the Multi-Factor test was applied in that case. (9 Marks) ............................................................................................................................................................................................

3. Identify and discuss the Multi-Factors (in the case study) with the use of a Multi-Factor Balance Sheet table, to determine whether Meher is more likely to be regarded as an Employee or an Independent Contractor? (9 Marks) ............................................................................................................................................................................................

4. a. Who is the proper Defendant; Should Jack sue Meher or Maas, and give your reasons for your answer? Explain the concept of Vicarious Liability in relation to Maas, if he is regarded to be an Employer. (5 marks)

b. List the four specific damages being claimed by Jack and explain for each one of those damages - whether Jack would be successful in claiming them taking into account the above said circumstances. (4 marks) (Total 9 Marks)

............................................................................................................................................................................................

5. Please answer Yes or No - to each of the following questions. You are NOT required to give any explanation. This is for you to check that you have fulfilled Assignment Referencing Requirements.

In this Assignment -

i. Have you used In-Text Referencing? - (Yes or No?)- (2 Marks)

ii. Have you included a Reference List? - (Yes or No?)- (2 Marks) (Total 4 Marks)

Please NOTE:

A. If there is NO REFERENCING whatsoever in the Assignment then the Assignment will NOT be marked and the Assignment will be cited for Suspected Plagiarism.

B. The Degree of Similarity should not be more than 25-30%.

........................................................................