StudentShare solutions
Triangle menu

Business Law - solution of the specific case - Essay Example

Not dowloaded yet

Extract of sample
Business Law - solution of the specific case

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, 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.


3
Qn. 2. Monica v. Phoebe
Issues:
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.
Conclusion:
As such Monica can approach the Court for legal remedies and claim damages against Phoebe.



4
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 ...Show more

Summary

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…
Author : alejandra09
Business Law - solution of the specific case essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Business Law - solution of the specific case"
with a personal 20% discount.
Grab the best paper

Related Essays

Business law
The paper is about the concepts of legalities which fall under the common law being practiced in Australia. Considering the business sphere and daily dealings among enterprises, it is important to take the agreement written or oral under evolution and exceptions.
9 pages (2250 words) Essay
Business Law/ Case Study
Knarlesn is defamation. Knarles wants to cancel the agreement that Chetum made with Knarles’ son Barkley in his absence. He does this by telling Chetum that he will send him a check to cater for what he paid the maintenance company, and he will not even ask for payment for the job already done.
8 pages (2000 words) Essay
Law for Business Case
B says yes. At that point, the sale between A and B has been perfected because the parties by then have intended or agreed to have the goods transferred to the buyer.4 B becomes the owner of the Austin car and he is now under obligation to pay to A the ten thousand pounds, the amount of the cause or consideration or the selling price of the chattel.
9 pages (2250 words) Essay
Business Law E-business paper
It is very important that the content of an e-business company that conducts its business through its website should be in conformity with the current law. If the
3 pages (750 words) Essay
Analysis the case of business law
It describes the entire terms of employment such as terms of pay and other conditions of employment. The presence of a contract of employment between
12 pages (3000 words) Essay
Business law - Case
Dogood saved the life of Karl even though Karl suffered some minor problems. The doctor’s efforts need to be valued in that sense. At the same time, the doctor was culprit of taking risk upon the life of the patient. The doctor came to know about the malfunctioning of
2 pages (500 words) Essay
International Business Law 2
Before taking any strategic decision in connection with the company’s intention to outsource a part of its customer services to India, it is necessary to analyze and evaluate the legal implications of the country, including employment rights, privacy and data
3 pages (750 words) Essay
Business Law case
The plaintiff Mr. Tompkins, a citizen of Pennsylvania, complained in a Southern New York Federal court. His complain was that he had been injured by a passing train, while he was on his way home, after being dropped by his friend at
5 pages (1250 words) Essay
Business Law Case Brief
Karen claimed that Dean Witter had been issuing false information regarding the performance of the investments. When still a customer to Dean Witter, Howsam and Dean Witter had entered into an agreement
2 pages (500 words) Essay
Business Law Case Analysis
The killing of the suspected police informant is catastrophic to chances of Cary being bailed out. Alicia does not admit that she is interested in vying for the state’s attorney. She denies it to a developer who shows
1 pages (250 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation