Case study provided- Employee or independent contractor
Your task:<br /> (1) You are to discuss the general context of 2 legal tests used to determine if a worker is an employee or an independent contractor- the economic dependence test and the multi-factor test- by exploring their use, their elements and characteristics, and any issues related to the test(s) that might be problematic to provide a context for their application to the case study material.<br /> <br /> (2) You are to apply the same 2 legal tests (economic dependence and multi-factor test) to explore/analyse the issues in the case study. You are to come to an initial determination for each test (based on the general factors of the situation related to the test characteristics and elements) as to whether it appears that the worker is an employee or an independent contractor.<br /> <br /> (3) You are then to provide an argument/justification (as a court would do) to reach a final determination of the worker’s employment status. This final argument/justification would include the use of precedent cases and evidence both for and against your position. Ensure that when using precedent cases you explain how/why the case applies (or distinguishes itself) from these circumstances – don’t leave it up to the reader to try to interpret what you mean.<br /> <br /> In your conclusion you should make some reference to the link between your final determination and Jack’s ability or inability to take an action for workers’ compensation, but otherwise should not be concerned with OHS or workers’ compensation law.<br /> <br /> <br /> MUST REFER to Australian law!<br /> you do not have to prove a contract is in place but assume a contract is in place and then just determine whether it is of service or for service..<br /> <br /> use of appropriate precedent cases australian ones <br /> <br /> Introduction<br /> literature review<br /> apply the same 2 legal tests <br /> justifications/argument<br /> recommendations<br /> conclusion<br
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