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Workplace Law

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Submitted By feng1802
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The first issue is to look at whether June is considered an employee of Westwood or an independent contractor. This can be determined using the five common law tests.

Firstly, using control test in Yewens v Noakes (1880), it was held that ‘a servant is a person subject to the command of his master as to the manner in which he shall do his work’. Secondly, the integration/organisation test is an alternative test to determine if an employee is “part and parcel of the organization”. In Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 63 ALR 513, courts held that the timber worker, Gray was not an employee of Brodribb but rather independent contractor due to the control test, as the degree of control was minimal. Thirdly, the business/economic reality test checks if the worker has engaged him or herself to perform the services, performing them as a person in business on his or her own account. In Market Investigations Ltd v Minister of Social Security (1969) 2 WLR 1, the court found that the extent of control exercised by the company was so extensive as to be consistent with the interviewer being engaged under a contract of service. The fourth test is the ready mixed concrete test which is a different approach to identify employment. However, this test has not generally been accepted because of the third consistency which states “the other provisions of the contract are consistent with its being a contract of service” provides no insight. Lastly the multi-factor test, in the case of Vabu v FCT (1996) 81 IR 150, the court held that although there was a large amount of control exercised by Crisis Courier, the facts of maintaining their own vehicles, self-taxation and payment by quantities of deliveries were sufficient to determine the workers were not employees.

In applying the laws as describe above to the facts of our case, June is considered an employee as refers…...

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