EMPLOYMENT LAW 1. Gail works at the Sweet-Ice factory packaging ice cream packs into cartons on school holidays. David, the owner of Sweet-Ice, told Gail that, if she wants to work on any day, she can just show up without notice. David pays Gail $120 a day to do odd jobs given to her by her supervisor. One day Gail slips over in some dry ice that has been left on the floor and breaks her wrist. David tells her that as she is not really an employee they can't file a worker's compensation claim for her. Under Employment Law, is David correct? Has Sweet-Ice failed to comply with other areas of Employment Law?-Using IRAC

2. Sam runs a small cafe in a suburban centre with his wife. Sam and his wife essentially do all the work in running the cafe, but they do need to employ casual. labour on busy days such as Friday lunchtime and on certain weekends when there is an event or sporting function occurring. Sam often rings up Julie, a single mother, who can work from time to time, but not always. Julie is paid cash for. any work that she does; she works at various other places from time to time, according to the needs of her children. Julie has no contract with Sam, nor any. expectation of regular work. She is required to wear appropriate pants, a black. shirt and to provide her own apron when working.

Julie is asked to work one Friday. Sam is providing lunch for an office delegation. in the centre. Julie is asked to deliver the food, which consists of hot coffee, hot soup and various hot dishes, which are to be delivered on a trolley. Julie arrives at the crowded venue but trips and hot liquid and food spills onto the guests and venue itself. The lunch is ruined, the carpet is stained and a number of distinguished guests need to leave for medical treatment and to change their clothes.

Sam does not believe he is liable for Julie's actions; he believes that any action by the office for damages suffered should be against Julie. What is the legal situation of Sam and Julie regarding the accident?

-Using IRAC 3. Harry is an employee; he works for an Acme Company as a cleaner. Harry works at night with a number of other cleaners; they need to work till about midnight and leave the premises. After some recent negotiations the employees who work as cleaners are told they are not allowed to smoke on the premises, they are not to take more than 45 minutes for their tea break, and they are not permitted to allow any outsider onto the company premises. Harry does not like the cleaning supervisor, and he is a smoker who likes to take breaks to have a smoke. Harry has found a place on the company premises where the supervisor cannot see him, and where he can smoke. Harry has not been happy recently. The supervisor has changed the type of work he needs to do at night. Harry thinks the new work schedule is unfair. Harry is discovered by the supervisor in his 'smoking hole', and the supervisor puts Harry on a warning. Harry swears at the supervisor and makes some threats, which results in security being called and Harry escorted off the premises. Harry is then informed by the company that his services are terminated. Harry sets up his business and contacts all of his fellow cleaners and is now asking them whether they would like to join him in a new enterprise. The company hears about Harry's activities and want to stop him. What are Harry's rights and liabilities in this situation?

according to the needs of her children. Julie has no contract with Sam, nor any expectation of regular work. She is required to wear appropriate pants, a black shirt and to provide her own apron when working. Julie is asked to work one Friday. Sam is providing lunch for an office delegation in the centre. Julie is asked to deliver the food, which consists of hot coffee, hot soup and various hot dishes, which are to be delivered on a trolley. Julie arrives at the crowded venue but trips and hot liquid and food spills onto the guests and venue itself. The lunch is ruined, the carpet is stained and a number of distinguished guests need to leave for medical treatment and to change their clothes. Sam does not believe he is liable for Julie's actions; he believes that any action by the office for damages suffered should be against Julie. What is the legal situation of Sam and Julie regarding the accident? IRAC

3. Harry is an employee; he works for an Acme Company as a cleaner. Harry works at night with a number of other cleaners; they need to work till about midnight and leave the premises. After some recent negotiations the employees who work as cleaners are told they are not allowed to smoke on the premises, they are not to take more than 45 minutes for their tea break, and they are not permitted to allow any outsider onto the company premises. Harry does not like the cleaning supervisor, and he is a smoker who likes to take breaks to have a smoke. Harry has found a place on the company premises where the supervisor cannot see him, and where he can smoke. Harry has not been happy recently. The supervisor has changed the type of work he needs to do at night. Harry thinks the new work schedule is unfair. Harry is discovered by the supervisor in his 'smoking hole', and the supervisor puts Harry on a warning. Harry swears at the supervisor and makes some threats, which results in security being called and Harry escorted off the premises. Harry is then informed by the company that his services are terminated. Harry sets up his business and contacts all of his fellow cleaners and is now asking them whether they would like to join him in a new enterprise. The company hears about Harry's activities and want to stop him. What are Harry's rights and liabilities in this situation? IRAC

Please the solution based on IRAC with some of similar cases.