Identifying The Employment Relationship †MyAssignmenthelp.com

Question: Discuss about the Identifying The Employment Relationship. Answer: Legal issue The legal issue in this case is whether as a subcontracted employee is supposed to receive the same rights as an employee who is employed directly. Another legal issue is identifying the employment relationship. Athena is able to be party to a valid contract of employment. According to Australian laws 3.29 anyone considered to be 18 years and below is considered a minor and should receive special protection because they do not understand the significance of the contract. In this case we have Athena is presumed to be an aldult . However, under Australian laws 3.33 , Migrants are restricted to enter into commercial contracts or contracts of employment . Thus , Athena was not supposed to enter into contract with any company with the intention of providing commercial services. (Kidner, 2007). There was fraudulent misrepresentation in this case on the part of Joanne, where there were false statement that were intended to induce the contract. This made Athena enter into the contract after believing the statement from Joanne. Based on this grounds , the contract was voidable. In the case of Geros v Mitcham Automatics Vic Pty Ltd the judge held that the contract was voidable because of the fraudulent misrepresentation.The statutory standards under the Fair Work Act 2009 include minimum wage rate, unfair dismissal, right to request regimes, leave , hours of work among others (Lockton, 2014). These are all standards set by the Fair Work Act to ensure that the rights of an employee are not violated. According to section 3.43 of the Australian laws, a contract may be valid because it is not weakened by duress, misrepresentation or mistake. This does not meant that the contract is not unfair. A contract is not voidable because one of the parties later considered it to be unfair , thus for Athena the contract is not voidable because it is not proven that either of the parties has weakened ability to make rational decisions even if she is a migrant with Chinese descent. Athena will not be able to valid the contract as she was a student and migrant. References Kidner, R. (2007).Employment law. Oxford: Oxford University Press. Lockton, D. (2014).Employment law. Basingstoke: Palgrave Macmillan.