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the question is in the picture Consider the following scenario: Total Tutelage Pty Ltd does business as platform that links school learners and students to
the question is in the picture
Consider the following scenario: Total Tutelage Pty Ltd does business as platform that links school learners and students to appropriately qualied tutors. On paying an initial joining fee, Total Tutelage Pty Ltd will verify that you hold a valid Working with Children Check and document any relevant qualications and experience you may have as a tutor in a specic eld. Provided you hold a valid Working with Children Check, Total Tutelage will then match you with a school learner or student who seeks the assistance of a tutor. The school learner or student has to write a brief message about themselves and their goals for the tutor, who then decides if he or she wants to take on the task. if they take on the task, a set fee is paid over to Total Tutelage Pty Ltd, which is repeated for every six lessons with the particular learner. Tutors may take on as many or as few learners as they want. Payment is relayed via Total Tutelage Pty Ltd, but the tutor receives the full tutor fee minus the service charge that is levied every sixth lesson. No tax is subtracted. The tutor must supply all material that he or she uses during their sessions. Part of the service that Total Tutelage offers prospective learners is the benet of viewing past learners' ratings of the tutors. Every six weeks, learners must rate their tutors on a scale of 1 to 5, 1 being 'extremely disappointed with service' and 5 being 'extremely satised with service'. When signing up to the platform, prospective tutors are informed that Total Tutelage may unilaterally cease further services if tutors fail to maintain an average score of 4 or higher. Abby is a second year BSc student. She joined the platform eighteen months ago as a mathematics tutor. Initially, everything went well. She started tutoring some learners and they seemed to be satised with her service. However, in September last year, she was under study pressure and she started postponing tutoring sessions, right before the VCE exams. This has led to some negative ratings. Total Tutelage informed her in January that she will no longer be able to access their services and that all current learners have been informed that Total Tutelage no longer supports her services as tutor. You have printed out your Fair Work information Statement that forms part of your study material in Law of Employment. Abby picks it up and is outraged when she sees the minimum wage for casual workers. She only received $15 an hour for her tutoring. She can see from the Information Statement that casual workers are not entitled to notice of termination, but she still feels that she has been unfairly dismissed. Consider whether the information reected in the Fair Work information Statement is applicable to Abby's working relationship with Total Tutelage Pty Ltd. As a rst step, I want you to identify the legal issues that must be considered to tell whether Abby is entitled to the matters stated in the Fair Work information Statement. Please do not continue with the other three steps of IRAC. This part of the discussion will remain open until Friday morning at 9 am. [You can download a copy of this scenario as a pdf document attached]Step by Step Solution
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