Scenario

Employment Law

Scenario

Gail works at the Sweet-Ice factory packaging ice cream packs into cartons on school holidays. David, the owner of Sweet-Ice, told Gail that, if she wants to work on any day, she can just show up without notice. David pays Gail $120 a day to do odd jobs given to her by her supervisor. One day Gail slips over in some dry ice that has been left on the floor and breaks her wrist. David tells her that as she is not really an employee they cant file a workers compensation claim for her.

Main question:

Under Employment Law, is David correct? Has Sweet-Ice failed to comply with other areas of Employment Law?

Use below questions to answer the main question

1) the facts of the problem.

2) the LEGAL Issues raised on the facts.

3) the applicable statutory and case law.

4) example of a similar case from the real world

5) the student's Argument in applying the law, and

6) the student's Conclusion in answering the question asked.

As part of the presentation, each student must 1) explain their reasoning and argument in reaching a conclusion on the question asked and 2) demonstrate an understanding of the relevant legal principles they have applied.

Word limit: 1,500 words