Question 1

Where unsafe work conditions are created in a situation that is beyond the control of the employer, the employer must:

Accepted Answer

The employer must take all reasonable steps to minimise the risk of injury, as it may not always be possible to eliminate the risk completely. This ensures that the employer is still taking measures to protect their employees despite a situation beyond their complete control.

Question 2

Which of the following statements is NOT correct?

Accepted Answer

An independent contractor is generally not entitled to workers compensation, as they are not considered an employee. They are responsible for their own taxes and are generally not covered by an award or able to bind their employer in contract.

Question 3

Why was the issue of the employment relationship crucial to the success of the plaintiff's case in Hollis v Vabu Pty Ltd (2002) 207 CLR 21?

Accepted Answer

The issue of the employment relationship was crucial to the success of the plaintiff's case because it allowed him to hold the employer vicariously liable for the negligence of the courier. The plaintiff argued that the courier was not an independent contractor, but rather an employee of the defendant company. If the court agreed with this argument, the defendant company would be responsible for the actions of their employee, including the plaintiff's injuries.

Question 4

The duty of an employer to ensure the safety of employees applies to:

Accepted Answer

The answer of The duty of an employer to ensure...

Question 5

Which of the following is NOT one of the factors the court considered relevant to the existence of an employment relationship in Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16?

Accepted Answer

The court did not consider the description the parties gave to the relationship as a relevant factor in determining the existence of an employment relationship. The other options (A, B, and C) were considered relevant factors in the case.

Question 6

In which of the following circumstances will a promise of a pay increase by an employer be enforceable by an employee?

Accepted Answer

In order for a promise of a pay increase by an employer to be enforceable by an employee, it must be supported by consideration in the form of improved performance. This means that the employee must have demonstrated an improvement in their work performance in exchange for the promised pay increase. Simply performing the tasks that the employee was already hired to do or providing consideration for the promise by the employer is not enough to make it enforceable.

Question 7

In the context of capacity to contract, which of the following statements is NOT correct?

Accepted Answer

Children under a certain age may not have the capacity to contract and deliver newspapers or pamphlets, even with written permission from their parents. The exact age limit depends on jurisdiction, but it is typically around 12-14 years old.

Question 8

Which of the following is NOT a source of regulation of employment law in Australia?

Accepted Answer

International treaties are not a direct source of regulation of employment law in Australia. However, they may influence the development of Australian employment law through the government's obligation to comply with its international obligations. The other options, such as the common law, state legislation, and federal legislation, are all sources of regulation of employment law in Australia.

Question 9

In the event of any inconsistency between them, which of the following takes precedence?

Accepted Answer

The Fair Work Act 2009 (Cth) takes precedence over state industrial awards, industrial agreements, state legislation, and common law employment contracts due to the principle of federal supremacy, where federal laws override state laws and other legal agreements in areas where the federal government has the power to legislate.

Question 10

The employment relationship in Australia is regulated by:

Accepted Answer

The employment relationship in Australia is regulated by federal and state awards or industrial agreements, federal and state legislation, and the law of contract. Therefore, all of the options are correct.

Question 11

In the context of an employment contract, an employee:

Accepted Answer

An employee (as opposed to an independent contractor) is someone who personally performs a task or tasks allocated to them by their employer. Option A describes an independent contractor who has more control over the how and methods of the task. Option B is also incorrect, as this is the definition for independent contractors or consultants. Option C describes a contract for service, where a contractor provides a service or services for an agreed-upon amount, which is not the definition of an employee.

Question 12

Which of the following statements about the employer-employee relationship is NOT correct?

Accepted Answer

An employee may have the ability to bind their employer in contract if they have been given authority to do so. However, in general, employees do not have this ability. The other statements are all correct: employees are entitled to workers compensation, employers are responsible for payment of income tax and superannuation for employees, and employers may be found vicariously liable for the wrongs of their employees.

Question 13

What are the differences between employees and independent contractors, and how can the latter's lack of comprehensive legal protection be justified?

Accepted Answer

The answer of What are the differences between employees and...

Question 14

A person working under a contract for service is known as an independent contractor.

Accepted Answer

An independent contractor is a person who works under a contract for service, which means they provide services for a client or company, but are not an employee of that client or company. They are responsible for their own taxes, insurance, and other aspects of their work, and have more flexibility in how they complete their work than an employee would.

Question 15

What was the reason for the decision of the court in the case of Hollis v Vabu Pty Ltd [2001] HCA 44?

Accepted Answer

The court's decision in Hollis v Vabu Pty Ltd [2001] HCA 44 was based on multiple factors, including the fact that the worker did not provide labour that required qualifications or skill, the worker could not refuse work, and the worker was required to wear the company uniform and was presented as a representative of the company. The combination of these factors led the court to find that the worker was an employee, rather than an independent contractor.

Question 16

Where legislation is silent on an industrial or employment issue, the common law will apply.

Accepted Answer

When legislation is silent on a particular issue related to industries or employment, the common law principles will be applied to resolve the matter.

Question 17

The case of Zuijs v Wirth Bros Pty Ltd (1955) 93 CLR 561 is authority for the principle that:

Accepted Answer

The case of Zuijs v Wirth Bros Pty Ltd (1955) 93 CLR 561 established that the key factor in determining whether a worker is an employee or independent contractor is the legal right of the employer to direct and control the worker's activities. It is not sufficient for the employer to simply have physical control over the worker; they must also have the legal right to direct their work.

Question 18

In a casual employment contract, the employer:

Accepted Answer

A casual employment contract typically means that the employee has no guaranteed hours of work and the employer is not obligated to provide any work to the employee. However, if the employee does work, they should be remunerated accordingly.

Question 19

In the context of an employment contract, an independent contractor:

Accepted Answer

An independent contractor is hired to perform a specific task or service for an agreed upon price, and operates as their own business entity. They are not subject to control and direction from the employer as an employee would be. Choices A, C, and D all describe characteristics of an employee, rather than an independent contractor.

Question 20

The use of 'outsourcing' and independent contractors is a manifestation of the practice of business 'downsizing' in order to reduce their workforce.

Accepted Answer

Outsourcing and using independent contractors is often done as a way for businesses to reduce their costs and streamline their workforce, which is a form of downsizing.

Quiz 34: The Work Environment and the Employment Relationship