Question
QUESTION 1 - EMPLOYMENT LAW One Direction has asked Watson and Mary to do the grape picking. Watson and Mary have their own grape picking
QUESTION 1 - EMPLOYMENT LAW
One Direction has asked Watson and Mary to do the grape picking. Watson and Mary have their own grape picking business called Sherlock Vines. Watson and Mary own the trucks used for collecting the grapes. One Direction pays for the registration and petrol of the trucks.
In relation to the grape picking .
- Watson and Mary pick grapes only in good weather - One Direction accepts this
- One Direction requires them and pays for them to go to safety training.
- There is no set amount of grapes expected to be picked
- They are paid per tonne
- One Direction advises them what section to pick and what type of grapes to pick.
- They wear One Direction winery uniforms
- One time after 3 loads of poor quality grapes Zayn yells "I will take away your Sherlock uniform and give the work to better workers"
- Mary is hurt one day when she catches her foot on a vine, falls over and breaks her ankle. She cannot work for 2 months.
Is this a contract of employment or independent contractor arrangement?
QUESTION 2 - EMPLOYMENT LAW
William has been employed to pack the boxes with the wine for home delivery. He works in a back room in the warehouse and interacts with delivery drivers only. William loves to wear a t-shirt with offensive words written on them, he thinks it is funny. One day he comes to the work wearing a t-shirt that says "No way get f...ked, f..k off"
The partners are very offended by this and ask him to change into a One Direction top they have given him. William has had enough and tells them "no way f..k you, f..k off"
The One Direction partners terminate his employment.
Did One Direction have the right to tell William to change his t-shirt and did they have a right to terminate him? William wants to claim unfair dismissal.
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