TAILIEUCHUNG - Lecture Fundamentals of business law (6/e): Chapter 21 - Margaret Barron

Chapter 21 - Employment Law. In this chapter you should understand: the types of business organisations and industry sectors in Australia, the importance of employment law in the commercial sector, the distinction between public-sector and private-sector employers,. | This is the prescribed textbook for your course. Available NOW at your campus bookstore! 21- Copyright © 2000 McGraw-Hill AustraliaCopyright 2009 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 6e Employment Law Chapter 21 21- Introduction An important and distinctive component of Australian business law is employment and workplace relations law. 21- Copyright © 2000 McGraw-Hill AustraliaCopyright 2009 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 6e Structure of Business Organisations Public sector: Federal. State. Local. Private sector. Types of industry: Primary sector. Secondary sector. Tertiary sector. 21- Copyright © 2000 McGraw-Hill AustraliaCopyright 2009 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 6e The Employer–Employee Relationship Recognised by law as being a contract of employment. The existence of this relationship is central to both employment law and workplace relations law. Rules have developed for establishing the relationship. Distinguished from other legal relationships such as: Independent contractor: contracts for service. Agent: makes a contract on behalf of another with a third party. 21- Copyright © 2000 McGraw-Hill AustraliaCopyright 2009 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 6e Court-Made Rules Control test—Nature and 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 the work being performed an integral part of the business operation of the person engaging the services of the worker? Pragmatic tests—(see next slide). 21- Copyright © 2000 McGraw-Hill AustraliaCopyright 2009 McGraw-Hill Australia Pty Ltd PPTs t/a Fundamentals of Business Law 6e .

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