Business Law Case Study Essay

Introduction

The issue of this case study would firstly involve with Sally's working relationship with the organization My Technology Pty Ltd. She was the victim of the issue of bullying and harassment in the workplace. The last issue there would be social media policy that was breach potentially which would regard as misconduct of employee's whom should not be breaching the company policy. Before we could conclude whether Sally is their independent contractor or an employee, we should find out and look at the rule of personal services and the other common law test which are the control test, integration test, the economic reality test, the ready mixed concrete test and also the multi-factor test. After studying the case, we would be able to

The intensity of control could be viewable with this case study (Sgobino V States of South Australia, 1987). The next would be the economic reality test that would show that an employee to be a worker if they are take in account to be economically dependent on their employer, as refer to in this case study that would relate to the economic reality test would be the Market investigations Ltd V Minister of Social Security. In the ready mixed concrete test, that would lead to a contract of service that would first exist if the dependant would work and provide skills of service that would receive salary from their employer and next the other conditions in the contracts are consistent that it being a contract of service. Finally, the multi-factor test would define as the controls of details over a person that would claim as a dependant that would be seen working as building workers industrial union of Australia v Odco Pty Ltd, 1991. This test would do up a comparing with two or more factors to analyse the relationships between the person and the organization. A contract of employment which is a contract of service that sates the rule of a personal service that is having no ability to delegate the entire work to the rest of the