Forms of working relationships

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1. What is the main issue with agency workers?

  • There is a contract for the agency workers with the agency but there is no personal service requirements or control so there is no employment relationship
  • There are no rights for agency workers as they are not employees
  • There is no contractual arrangement with the end client, only one with the agency but this means there will never be an employment relationship
  • There is no contractual arrangement with the end client so the issue is who the agency workers are paid
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2. What is the common law response to casual workers who have gaps in their employment?

  • S212(1) ERA - any week during the whole part of which any employee's relations with the employer are governed by a contract of employment will count towards continuous employment
  • Umbrella or Global contracts
  • Standard employment contract

3. WHat was the outcome in Brook St Bureau v Dacas?

  • The court held that Dacas not an employee as there was no mutuality of obligation
  • The court held that Dacas was not an employee because she did not officially have an employer. The Council had a contract with the agency, not Dacas, and the agency simply paid Dacas but did not have any employment contract with them
  • The court held that Dacas was not an employee but a worker as she satisfied the three requirements under the test from Bryne Bros v Baird
  • Dacas was held to be an employee as she was paid by the agency.

4. What case has an actor who teaches part time and was not considered an employee as he is selling a skill of acting to the students, meaning he was self-employed?

  • Argent v Minister of Social Security
  • Airfix Footwear Ltd v Cope
  • Staffordshire Sentinel v Potter
  • Pulse Healthcare v Carewatch Care

5. What was the outcome in Quashie v Stringfellows Restaurants?

  • C was held to be an employee as she was paid through the club
  • C was not held to be a employee as she was a stripper in a club
  • C was held not to be an employee by the CA as she did not meet the final ground of the irreducible minimum. C was bearing the entire financial risk. it was a commercial contract allowing C the opportunity to dance and earn money.
  • C was held to be an employee as she employee by the ETA as she provided a personal service, controlled by the employer and had to book holiday

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