Chapter 21 - Employment Law. At the end of this chapter you should understand: the remedies available to an employee arising from the termination of employment, the operation of the statutory unfair dismissal jurisdictions and their interrelationship with common-law principles of employment law, the liability of an employer to third parties for torts and crimes committed by employees,. | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 21- Copyright © 2000 McGraw-Hill Australia Employment law Chapter 21 Employment Public Service Act 1922 (Cwlth) protects employees from changes in government by ensuring political impatiability. 21- Copyright © 2000 McGraw-Hill Australia Employer-employee relationship Control Test - Nature - Degree of control able to be exercised by a person over the manner in which the work is to be performed by another. Delegation Test - Discretion of service provider to delegate work to another party. Business Test - Commercial factors showing whether working on own account or for someone else. Integration Test - Is work being performed on integral part of the business operation of the person engaging the services of the worker? Pragmatic Test 21- Copyright © 2000 McGraw-Hill Australia Pragmatic tests Ownership of tools Ownership of equipment or stationery Method of remuneration Payment of superannuation, insurance or workers’ compensation Deduction of PAYG income tax Use of business name or business structure The ratio of money spent to money earned after deduction of expenses Whether invoices are required to be submitted prior to payment The responsibility for losses or for rectifying errors or mistakes in the quality of work done The freedom to work for other people Whether the work is simply an identifiable job for a specified period of time 21- Copyright © 2000 McGraw-Hill Australia Options Employee Independent Contractor - Contracts for service Agent - Person who makes a contract on behalf of another with a third party. If employee (substance), statutory compliance required including: Income tax laws Superannuation guarantee laws Workers’ compensation laws Payroll tax laws Workplace regulations taxation Occupational health and safety laws 21- Copyright © 2000 McGraw-Hill Australia Contractors have protection against unfair protects Workplace Relations Act 1996 . | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 21- Copyright © 2000 McGraw-Hill Australia Employment law Chapter 21 Employment Public Service Act 1922 (Cwlth) protects employees from changes in government by ensuring political impatiability. 21- Copyright © 2000 McGraw-Hill Australia Employer-employee relationship Control Test - Nature - Degree of control able to be exercised by a person over the manner in which the work is to be performed by another. Delegation Test - Discretion of service provider to delegate work to another party. Business Test - Commercial factors showing whether working on own account or for someone else. Integration Test - Is work being performed on integral part of the business operation of the person engaging the services of the worker? Pragmatic Test 21- Copyright © 2000 McGraw-Hill Australia Pragmatic tests Ownership of tools Ownership of equipment or stationery Method of remuneration Payment of .
