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Catherine has come to you seeking your advice. You are a lawyer working at a specialist workplace law firm. Catherine has told you that she has been terminated from her job after 3 years. Catherine...

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Catherine has come to you seeking your advice. You are a lawyer working at a specialist workplace law firm.
Catherine has told you that she has been terminated from her job after 3 years.
Catherine has provided you with the following information:
  • Catherine has her own business called Fashion Services. Fashion Services is notincorporated (ie: it is not a Proprietary Limited company).
  • Other than Catherine, there are no employees of FashionServices.
  • Fashion Services entered into a contract with Best Fashion Pty Ltd to supply thefashion designing services of Catherine to Best Fashions Pty Ltd.

The contract between Best Fashion Pty Ltd and Fashion Services provides for thefollowing:

(1)Fashion Services are paid a flat hourly rate of $65 per hour by Best Fashion PtyLtd for each hour worked by Catherine;(2)The rate of $65 per hour is inclusive of GST;(3)Each month Fashion Services will provide Best Fashion Pty Ltd with a taxinvoice;(4)Fashion Services must have their own workers compensation insurance;(5)Fashion Services may only provide the services of Catherine and not supplyany other person to Best Fashion Pty Ltd;(6)Catherine is required to report to the Design Manager of Best Fashion Pty Ltd;and(7)Fashion Services is required to provide their own design software.
Whilst engaged in the contract, Catherine:(1)Is provided with an office and a computer by Best Fashion Pty Ltd;(2)Must obtain permission from the Design Manager if she is to be absent fromBest Fashion Pty Ltd;(3)Is required to attend meetings and fashion shows as the representative of BestFashion Pty Ltd;(4) Must work regular hours of 40 per week at Best Fashion Pty Ltd; and(5) Must design clothes and these designs become the property of Best Fashion PtyLtd.Catherine is seeking your advice as to whether she was an employee of BestFashion Pty Ltd or not.
In your advice, make sure you
  • reference applicable case law, and
  • include an assessment of the risks to both CatherineandBest Fashion Pty Ltd in relation to whether she is an employee or independent contractor.

Requirements

  • Referencing: AGLC 4 (for LLB students), Harvard (for non-LLB students);
  • Font: Arial, 12 font
  • Spacing: 1.5 line spacing
  • Word document ONLY (not PDF).
  • Bibliography
  • Word limit: 1000 words. (10% +/- rule applies)
  • Headings and numbered paragraphs are permitted
Answered Same Day Aug 26, 2021

Solution

Perla answered on Aug 26 2021
156 Votes
Running Head: Business Case Law        
Business Case Law
Title: Business Case Law
Student Name and Id
Course Name and Id
University
Date: 26/08/200
Author Note
The cu
ent report is presented as part of the requirements to complete the course work.
Contents
Introduction:    3
Overview of the employer contract and details:    3
Analysis    4
Inferences    5
References    6
Introduction:
In the cu
ent context, the client Catherine is seeking legal advice regarding her job in the organization. She got terminated from the job after 3 years. She provided details of her job contract, background to her employer and the other pertinent information. Based on the information presented in the case, objectives of the cu
ent case is to provide with legal advice and to clarify whether she has any legal rights to claim back her job based in the provided information.
Overview of the employer contract and details:
At the outset, Catherine is independently working through her own business by name Fashion services. It is also informed by Catherine that the organization is not incorporated, as such it is not an limited organization, not a incorporated organization, as well it is not a proprietary firm as well.
Also Catherine is the only employee of the Fashion services, apart from her; there are no any other employees at any level of the organization. She is sole and whole owner as well as the employee for Fashion services. Fashion services has entered into the contract with Best Fashion Pty Ltd for the sake of supply of the fashion designing service of Catherine to Best Fashion pty ltd (Dubai,2018).
Following are the typical contractual terms and conditions accepted for in the cu
ent contract:
(i) Fashion services or just Catherine will be paid with about hourly rate of payment of about $65 per hour. For each and every hour worked by Catherine, she will be paid with this wage. This payment is also inclusive of the GST. There is no separate payment for GST.
(ii) Fashion services will provide the Best Fashion pty ltd, with the tax invoice for the work done.
(iii) As per the contract there is no any obligation for the Best Fashion pty ltd, to pay the worker compensation insurance.
(iv) Fashion services pty ltd has obligation only to send Catherine to the cu
ent job needs, as such there...
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