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BU1112 Business Law

tag 0 Download6 Pages / 1,490 Words
  • Course Code: BU1112
  • University: James Cook University

    MyAssignmentHelp.com is not sponsored or endorsed by this college or university

  • Country: Australia

Question:

Task:

PRX is a public relations company in Perth.  They sell various services to businesses who want to improve their public image.  Stella is one of their full time salespersons.  She signed an agreement at the end of 2012, to operate from 1 January 2013 until 31 December 2016, stating that she was not an employee and that she would abide by all PRX rules. Until recently, Stella wore a shirt that had a PRX embroidered logo and received an agreed percentage of all sales she made. She also received a small base payment on a monthly basis. Stella paid tax on that income directly to the taxation department.  PRX recommends their workers register a business name for these purposes.  Stella had no set hours and used her own car to visit clients.  She maintained her car and received no allowance for its use.  PRX has not trained her or the other salespersons, rather they attend a specialised training agency and PRX pays for it.  Stella was required to have her mobile phone with her at all times for work reasons, and she answered calls from PRX and clients at all hours. She was able to claim a top up payment where work took weekend and public holiday hours, as it always did.  Stella never discussed her entitlement to personal leave or holiday leave in the four years she worked for PRX and they have never offered her any paid holidays.

On December 1 2016 Stella had a stroke and will not be able to work at all for the foreseeable future.  The doctor determined it was due to her high stress level, her obesity and the fact she has had no holidays or weekends free from work for a long time.

  • Is Stella an employee or another type of worker? Use the current common law test.
  • If we assume Stella is an employee, is PRX in breach of a common law duty in relation to not giving Stella any days off work or holidays?
  • If we assume Stella is an employee, does she have an entitlement to notice, at common law or legislative, if PRX decides to replace her?      
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