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Business Law - solution of the specific case - Essay Example

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Monica being the owner of the restaurant and catering business engaged Joey as chef in her restaurant. It is true that Joey was working in the restaurant on regular basis. Monica's stand that she did not withhold any PAYG tax, considering her to be an independent contractor does not make any difference…
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Download file "Business Law - solution of the specific case" to see previous pages... Joey suffered injuries while working in Monica's restaurant. When an employee works in an establishment it is the duty and responsibility of the owner to provide necessary safety measures to the employees. If an employee sustains any injuries while carrying out the work for the employer, the employer has got the responsibility to bear the cost of hospitalization of the injured employee and has to pay compensation in monetary or otherwise,
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if the question arises.
As such Joey is entitled to have the above benefits. She can claim for the benefits under Worker's Compensation Insurance, because it was the duty of Monica to put her under the insurance coverage. Joey can also seek legal remedies as per The Fair Work laws, which gives her the minimum entitlements of benefits of an employee in terms of
Rachel is a courier, trading under her 'own registered business name'. She is totally an independent contractor and is not a paid employee of Monica. Though she acts as a courier of Monica, she lacks the status of an employee of Monica. So Monica must consider Rachel as an independent contractor. The issue is similar to the case of: AMP Society v Allen and Chaplin (1978) 52 ALJR 407.
If Monica considers Rachel as a part-time employee, she has to treat her in that status and has the responsibility to bring her under the provisions of The Fair Work Laws, and also she has to adhere to the terms and conditions of Award. And if Monica thinks that Rachel is an independent contractor, she does not have any such financial liabilities or responsibilities on Rachel. Monica has no need to worry over the conditions stipulated as per The Fair Work laws which entitle an employee to have the minimum award of pay and other conditions.

Qn. 2. Monica v. Phoebe
Phoebe was an employee of Monica. She was engaged as chef on a contract basis. There was a written contract between them, and according to the contract, if Phoebe ceases to work under Monica, then Phoebe should not work in any hospitality industry anywhere within Adelaide for 6 months. But Phoebe violated the terms and conditions of the agreement, and joined another restaurant less than 1 km away from Monica's restaurant. Moreover, she has utilized the information obtained from her work at Monica's restaurant and used that information in the form of book of recipes, and earned monetary benefits out of it, to which Monica has also got some rights. Whether the profits of the book go to charity or others is not relevant here. What matters is that Phoebe has made a criminal (cheating) as well as a civil offence. Her actions caused pecuniary loss to Monica and damaged her business prospects.
As such Monica can approach the Court for legal remedies and claim damages against Phoebe.

Qn. 3 Award and Enterprise Agreement
3. Describe and discuss the differences between an award and an enterprise agreement.

Award: (http://www.youngpeopleatwork.nsw.gov.au).

Award is a legal document which defines the minimal preconditions under which an employee is being employed. It addresses issues like wages, sick leave, holidays, overtime and it also sometimes sets out the basic prerequisites like maternity leave. It is the duty of the employers to follow the conditions of the ...Download file "Business Law - solution of the specific case" to see next pagesRead More
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