Workplace Law - Q1 Assessment Answer

Q1 William is a delivery van driver for Deliman. William uses his own van and usually gets paid $900 per week net.  He usually works 38 hours each week, largely made up of 8am - 4pm shifts.  He gets no annual leave or sick pay.

On commencing work with Deliman, William signed a pre-printed form headed ‘Conditions of Contract’.  It stated that van drivers agreed to be contractors and not employees.   It also stated that they must observe the standard of client service outlined in the “Deliman Workers’ Manual”.

Recently, William’s boss told him that Deliman no longer required his services. The boss added that he did not need to give William any notice since he was “just a contractor”. Is William's boss right about him being a contractor rather than an employee? Why or why not? (27 marks)

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Q2 Last week Sam, a nurse at Perth Hospital refused to bathe patients twice a day in accordance with a new direction from his employer.  He told his supervisor that he was only willing to bathe them once a day, which was all that had been required in the past. His supervisor warned him on Monday morning that he would not be paid for any work he performed unless he complied with this new request.  However, Sam attended work every day that week and performed his usual tasks.  Indeed he was encouraged to do so by his supervisor.  Is Sam entitled to any pay for the work he has done?  (13 marks) (You can assume both that the Hospital was entitled to direct him to bathe patients twice a day and that his refusal to do so does not constitute industrial action under the Fair Work Act)