Topic outline

  • Learning Task 2.4 Read, Watch and Discuss

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    • Task

      Identify the legal rights of employees created by legislation and case law.

      Learning Outcomes

      After completing this task, you will be able to:

      • identify the different legal rights afforded to employees, compared to independent contractors

      Due 

      Middle of week 2

      Notes

      An employment contract, in comparison to an independent contractor, brings with it many protective rights often found in legislation. Both State and Federal Parliaments have enacted a variety of 'protective' laws which gives rights to employers and obligations upon employers. In some situations, rights and obligations are also attracted regardless of the work relationship. In this learning activity you are asked to identify all the rights (and name of the legislation) which apply to the employment relationship.

      Suggested Procedure

      1. Revist the textbook Chapter 2 Sections 2.1–2.41 and watch the presentation "legal consequences of an employment relationship".
      2. Demonstrate your understanding of the law by choosing any case example (from 2.1-2.41 of the text) in which the 'legal right' is being sought and identify the reason why the matter went to court. What benefit was the 'employee' trying to obtain, or, what obligation was the 'employer' trying to avoid? Also consider if there are any rights and obligations that you are aware of irrespective of whether it is a contract of or for service?
      3. Post your response to the discussion forum for learning task 2.4.
      4. Critique and comment on at least one other person's posting on a different case.
      5. The course teaching team will be participating in discussions and will summarise the key ideas from this discussion at the end of the week.

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