• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Jane encountered problems pertaining to contractual work relationship issues with Total Mechanic Management Services Pty Ltd (TMMS). The Common Law Tests (Also known as case law) is used to establish the following two categories.

Extracts from this document...


Based on the information provided, Jane encountered problems pertaining to contractual work relationship issues with Total Mechanic Management Services Pty Ltd (TMMS). The Common Law Tests (Also known as case law) is used to establish the following two categories. Contract of Service relates to employees who provide labour to the employers. The employers are held accountable for vicarious liability arising from any wrongdoings from an employee's action. Employees are accorded legislative protections and statutory rights, through welfare and benefits by the employers. Contract for Service relates to independent contractors who provide services to their clients, in the capacity of a business entity and is self-employed. Unlike Contract of Service, separate general commercial law are covered for independent contractors and they are held responsible for vicarious liability in the event of any kind negligence. It is a challenge to differentiate and identify the scope of Jane's employment status. However, a series of control tests shall determine that aspect. 1. ...read more.


Therefore, the Integration Test has failed to identify Jane's true nature of employment contract. 3. The Business/ Economic Reality Test distinguishes whether the worker is providing his services on his own account as a business entity or if the worker is an employee with the company. There is a need to establish whether TMMS hired Jane as an independent contractor. Market Investigations Ltd v Minister of Social Security (1969) 2 WLR 1, states the Market Investigations has detailed control over the interviewer. In relation, Jane was paid an hourly rate for the number of hours worked and was provided allowances for petrol. Although Jane is permitted to take on private call, TMMS jobs are given first priority. Therefore, Jane is depended economically for TMMS to provide enough jobs for her livelihood. Abdalla v ViewDaze Pty Ltd (2003) 122 IR 215, gave an insight and determined that Jane is not an independent contractor because she did not received any commission for her completed work, but was drawing only a fixed hourly payment. ...read more.


It does not justify that Jane is an independent contractor. Sham Arrangement is defined where an employer intends to conceal the true employment relationship of contract of service, to avoid the responsibility of fulfilling legal entitlements that are rightfully due to an employee. Fair Work Ombudsman (FWO) v Centennial Financial Services Pty Ltd (2010) , demonstrated that the HR manager had breached the Workplace Relation Act 1996 by not granting the employees their due entitlements. In relation, Sam had intentionally forced Jane into signing the revised contract of employment, so that he could evade the responsibility of vicarious liability and legislatives law, protecting Jane who is an employee. In conclusion, the facts have established that Jane is duly an employee employed under terms of contract of service. She will have the right to claim accident compensation from TMMS under the Workers' Compensation and Injury Management Act 1981. Reference List: Waarden N. 2011. Employment Law: An outline (2nd Edition). Australia: LexisNexis Workers' Compensation and Injury Management Act. 1981 http://www.austlii.com/au/legis/wa/consol_act/wcaima1981445/ Workplace Relations Amendment (Australian Workplace Agreements Procedures) Bill 2000 http://www.workplace.gov.au/workplace/Publications/Legislation/WRAct/ ?? ?? ?? ?? 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Employment Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Employment Law essays

  1. Marked by a teacher

    Critically assess how effective employment law is as a means of altering social attitudes.

    4 star(s)

    servants (top three grades).22 These cross-sections of statistics would indeed appear to indicate that the SDA 1975 has not been effective in ascertaining sex equality in professional employment. The SDA 1975 would appear to have sent a message to society, women cannot be overtly discriminated against and that they are

  2. The essay will seek to examine and conclude if Trade Unions, in a twentieth ...

    Another factor that has shaped the modern day industrial relations setting is the move towards a more informed work force. Individual employees are becoming increasingly aware of their rights and contract terms. This is where trade unions would have played their part in industrial relations in the past by informing employees of their rights.

  1. Ann Hopkins Case Analysis "A Case of the Legal and Ethical Issues PriceWaterHouse faced"

    However, it is a proven fact over and over again that Ann Hopkins has carried out all of her projects with high scores and great comments on her work ability. One colleague quotes that "Ann has the will to get things done."

  2. This essay will consider the growth and history of agency workers rights in the ...

    However, the implied contract approach adopted by the courts has come under some fairly heavy criticism. The concept of an implied contract is that a contract may be implied as existing between two parties where it is necessary to do so to explain the relationship.

  1. Selwyn states that it is difficult to categorise working individuals because of the complexity ...

    In Yewens v Noakes7, Bramwell LJ stated "A servant is a person subject to the command of his master as to the manner in which he shall do his work"8 This test allowed the courts to easily categorise working individuals for a long time, however, Kahn-Freund correctly argued that the

  2. Employment law

    was about as bad as it possibly could have been. After describing his alleged selfishness towards colleagues, the reference continued. Where an employer decides to give a reference, there is a duty of care to provide a reference that is true, accurate and fair.

  1. Defamation case of Cynthia Hyland v. Raytheon Technical Services Company, et al.

    a difficult procurement for the TSA, both of which demanded her constant attention. These visible losses created significant gaps in our strategic plans and in her business unit financial performance. 3. Cynthia is frequently verbose and vocal in her opinions, to a degree that others stop participating in open dialogue.

  2. Is it fair that employers should be held liable for the negligence of their ...

    However, he took no action and was fairly punished. On the other hand, Lister v Hesley Hall Ltd [2001] 2 All ER 769 can be characterized as debateful, because the liability of the employer is not as obvious as in previous case and other factors, for instance, ability of the employer to pay damager, have been taken into account.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work