CASE STUDY FOUR:(Consumer Law)

The new Telephone Answering Machine that Joanne's mother gave her as a birthday present failed to work. When Joanne took the machine back to the store with her mother's receipt, the customer service representative told her, "that this appliance was bought at a sale and our policy clearly states that we do not refund on sale items. But we will give you a credit voucher for the sale price. Unfortunately, the machine is now on sale at the regular price which is $25 more than your mother paid".

1. Briefly identify and provide advice to Joanne of her rights under the Australian Consumer Law.
2. Briefly explain the consequences for the Customer Service Representative if Joanne proves that there was a breach of her consumer law guarantees.

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CASE STUDY FIVE:(Employment Law)

Until last week, Warwick was working for"Professional Posts Pty Ltd" as independent contractor. His contract expired last week and but he is still continuing to work for the company without renewing the contract. Despite the fact that he bought and maintained his own courier vans, he had to work set hours, drive a set route and wear the Professional Post's uniform with the company logo. He had to accept the work that was allocated to him and deliver the packages according to the company guidelines. He was under strict supervision and was receiving direct orders every day. One day on his way to a delivery he injured himself.

1. Briefly explain whether Warwick can be classified as an employee of Professional Posts Pty Ltd
2. Briefly explain the main factors that courts are likely to take into account in determining whether a worker is an employee or independent contractor

CASE STUDY SIX:(Workplace Health and Safety)

Fred has developed a lung infection that appears to have been caused by the fine particles of plastic that escape from the cutting machine he operates at "Ruthless Engineering". Fred's boss doesn't believe him and refuses to advise the workers compensation insurer or the relevant regulatory body. He warns Fred that if he speaks out about his infection, he will be dismissed.

1. Briefly explain the regulations that Ruthless engineering should follow to comply in the state in which you live.
2. Advice "Ruthless Engineering" on how they can stop this happening in the future and avoid potential hazards in their business operation.