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Australian Employment Law Application

In: Business and Management

Submitted By isabelmyra
Words 2700
Pages 11
In this assignment, the referencing system used is the Harvard Referencing System. The whole report is segmented into three sections and is addressed in order of the suggested format.

Section 1
In the first section, the legal issue that can be raised is whether Roxanne can be recognised as an employee at common law.
At this day and age, determining the distinction at common law between an employee and a self employed independent contractor can be an issue. In the context of Australia, I have decided to use the multi-factor test because it branches across a number of aspects covered in the other tests by considering a wider range of factors such as a case by case approach (Van der Waarden 2010). One of the relevant factors that contribute to distinguishing between an employee and an independent contractor is the mode of remuneration showed by the employers of the company towards the worker as seen in the case of Building Workers Industrial Union of Australia v Odco Pty Ltd (Trouble Shooters case) 37 IR 380. If the person is an employee, the employer is required to deduct income tax from salary and wages and that normally there is no obligation to deduct income taxation from payments to independent contractors (Sappideen et al 2009). Apart from these, factors that help distinguish an employee from an independent contractor are if the place and hours of work are at the discretion of the worker, if there is a deduction in income tax from the earnings of the worker, if the worker appears to be representing the employer through uniforms or badges, if the worker is being engaged for the completion of a specific task (Van der Waarden 2010). In addition to that, another indicator that can distinguish between employees from an independent contractor is the entitlement to work for others and the expressed declaration of intent (Sappideen et al 2009).
Before applying the…...

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