LAWS 1018 - Business Law - 2020 03

Assignment Instructions use the IRAC problem solving method.

Your answers must include legal references (relevant cases and/or sections of Acts).

Please use the University of South Australia's law course materials.

Question 2: Employment Law

Leading up to the Festive Season, Botanica is very busy and they need an extra person to work in the store. Peta arranges for Lucy, a university student, to assist in the store. Lucy signs a document which identifies her as an 'independent contractor'. The document also states that Lucy must comply with all of Botanica's policies and procedures. Peta provides Lucy with a shirt that has the Botanica logo on it, that Lucy must wear when she is working in the store.

Lucy is required to work 3 days per week, including Tuesday and Saturday. The third day varies, and Peta tells Lucy what day she will be working a week in advance. On the days she works, she must arrive by 9:30am and she usually finishes at around 2pm, but this depends on how busy the store is. Sometimes Peta asks her to leave early, and sometimes Peta asks her to stay late. Lucy is paid $20 per hour, and this is paid to her at the end of each week.

Lucy performs a variety of tasks at the store, depending on what Peta and Joel need her to do. She serves customers, unpacks stock, and on Tuesdays she delivers plants to customers in the CBD. To make these deliveries, Lucy uses her own car which she is required to maintain herself.

Using relevant legal principles of employment law, including cases, discuss whether Lucy is an employee or an independent contractor?