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UESTION ONE Christopher, who is a lecturer, at the local polytechnic, WestTec is writing a textbook. Marama, his manager, has agreed that he can contract
UESTION ONE Christopher, who is a lecturer, at the local polytechnic, WestTec is writing a textbook. Marama, his manager, has agreed that he can contract out all the assignment marking in his courses if he makes all the arrangements. She also says that whoever Christopher arranges to cover the marking must attend the standard WestTec three hour marking training session and she tells him that WestTec is unable to provide ofce space for contract markers. Christopher approaches Nicola and asks if she would be interested in doing some contract marking of student assignments at a set rate of $5.00 per item. Nicola accepts Christopher's offer and attends the three-hour marking session at WestTec. Nicola soon nds that markng is taking her much longer than she anticipated. She is spending upwards of an hour each on some student assignments and she is earning much less than the minimum wage. Having recently marked an assignment that dealt with the \"homeworker\" test in the Employment Relations Act 2000, she is wondering if she might be able to make a case that she is a homeworker and therefore an employee of WestTec's and entitled to the minimum wage. Reguired: Apply s6( l)(a)(b)(i) of the Employment Relations Act 2000 and any relevant cases to the facts and discuss whether or not Nicola could succeed in an argument that she is a homeworker and therefore an employee of WestTec's and entitled to the minimum wage
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