PART A – 500 WORDS What legislation applies to employment in Australia? What is the distinction between an employee and independent contractor? What was the criteria used in Hollis v Vabu Pty Ltd...

PART A – 500 WORDS


What legislation applies to employment in Australia?


What is the distinction between an employee and independent contractor?


What was the criteria used in Hollis v Vabu Pty Ltd (2001) 207 CLR 21 to determine whether a worker was an employee, as distinct from an independent contractor?


How is a casual worker distinguished from a permanent worker?



What is the importance of the distinction?


What particular rights does a permanent employee have?


What is meant by a third party employee, and to whom do they owe their duties as an employee?


What are some of the duties owed by employees to their employer?


Under what conditions can employees undertake industrial action?


What is the role of unions under employment law?


What are the duties required of employers by their employees?


PART B – TOTAL 1,500 words (include case law and legislation in your answer) – 750 words for part (1) and 750 words for part (2)


1.    Mary works for a restaurant. She works sometimes once or twice a week when someone telephones her.  She does not always work because her children get sick and she cannot leave them.  The lady who owns the restaurant will often call Mary or other people if the business is busy and more help is required.


What is Mary’s type of work?  Is this type of work different to someone who works full time and earns a salary?


2.    Notting Hill Business Pty Ltd has experienced people who work in the office and can at short notice work anywhere in any office.  Those who work in this organisation can do anything in the office such as general and pay roll duties, working on reception and administration work.


Notting Hill Business Pty Ltd charges the businesses that use these services an hourly rate for their workers who go to another business to fill in.  When they go to these other businesses they have to take their instructions from the businesses they are sent to and not Notting Hill Business Pty Ltd.  Every worker who goes out to other businesses has to dress professionally, be respectful and act properly.  Any problems or issues have to be reported back to Notting Hill Business Pty Ltd.


One of those people working for Notting Hill Business Pty Ltd (Tom) goes to another business.  Tom is an expert in calculating an employee’s pay.  He goes for a period of two days and he is told that he has to work under the direction of the company Accountant.


Tom works at this business for several days but he overpays some of the employees.  The employees withdraw their money after it has been paid into the bank.  One of the employees who has been overpaid disappears.


Required: Who is responsible for the overpayment of the funds that are now missing?  What is the position of Notting Hill Business Pty Ltd?