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Kirk Nolan employs several workers in his pest control business in the ACT. Luke has worked for Kirk for many years and has decided to

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Kirk Nolan employs several workers in his pest control business in the ACT. Luke has worked for Kirk for many years and has decided to retire and advises Kirk that he is no longer going to work full time. Luke has a van of his own and tells Kirk that he is happy to do odd work for Kirk if ever he needs him. At the start of spring, there is an unusual increase in the number of mice in some suburbs of Canberra, and Kirk cannot keep up with the number of requests for pest control. Kirk asks Luke if he is available over the next few weeks to see customers using his own van. Kirk tells Luke he can come by The business premises to collect the spraying equipment and the pest control chemicals. Kirk promises to pay Luke $150 per client visit or $30 per hour if a job exceeds 4 hours work. Luke visits a customer and locates the source of the mice under the house. Luke crawls under the house and must remove several wooden boxes used by the mice as a hiding place. Due to crawling under the house and lifting the boxes he strains his back and because of the injury he cannot work for a few weeks. Luke goes to see his local doctor and is given a worker's compensation certificate to state that Luke is entitled to pay during the period he was recovering from the injury and to cover Luke's treatment by a physiotherapist. After 6 weeks, Luke recovers from his injury and contacts Kirk to let him know. Kirk tells Luke he has received notice from his workers compensation insurer that Luke has lodged a claim and asks Luke to withdraw the claim. Kirk tells Luke that he is not an employee and needs to attend to the expenses himself and is not entitled to any pay for the time he was injured. Advise Luke under Employment Law if he is entitled to reimbursement of the expenses and pay during the six weeks he was recovering. Your answer must include reference to any relevant legislation and/or cases

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