Topic outline

  • Learning Task 2.6 Read, Watch and Discuss

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    • Task

      Re-visit the employment relationship of Terry the cleaner in the video scenario.

      Learning Outcomes

      After completing this task, you will be able to:

      • apply your understanding of a recent case to the employment relationship of Terry the cleaner (from the scenario video)

      Notes

      You may be surprised to note that the video scenario of Terry the cleaner is actually drawn from a 'real' case, Danevski v Guidice (2003) FCAFC 252 (summarised on page 29 of your textbook).

      That case, like Terry's, was engineered by the employer to 'remove' an employment relationship. He signed a contract stating he was an independent contractor, and they even created a system where another company issued his pay. However, when all the indicators were weighed up, Mr Danevski was still considered an employee of Endoxos, even though they did not even issue his pay!

      Due 

      End of week 2

      Suggested Procedure

      1. Read Chapter 2 Section 2.21 of the textbook, in particular the case of Danevski v Guidice (2003) FCAFC 252.
      2. Re-watch the scenario video on Terry the cleaner and revisit the annotations you and others made earlier in the week.
      3. Does it surprise you that even though Danevski (Terry) was paid by MLC (New Pay) he was found to be employed by Endoxos (Happy Choc)? On what basis did this occur? Is there any advice you can give an employer on how to ensure a contract of service (employment contract) can be avoided? 
      4. Share your responses in the discussion forum for learning task 2.6 and comment on the responses of at least two others that differ from yours, offering constructive feedback in your response.
      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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