Solution Library

Workplace Law Breach of Contracts

Question

Anna used to earn $150000 per annum, paid fortnightly.  As a photographer, she worked with Max, producer and director of Creative Juices Pty. Ltd.  Creative Juices began operation in 1996 with only Max and Anna, and saw $2 million gross profit last year.  Anna enjoyed taking on jobs that challenged her to produce innovative television advertisements.  She and Max had been friends since University and had developed an exciting work relationship involving Max’s production of her visual expertise.  Max promised Anna, when they first started working together, that she would receive a large bonus payment when she left the company, at least 50% of the most recent annual profit made.   Although, with the growth of the company, they now worked separately most of the time, they would meet frequently to discuss the income and expenditure of the company, and also to agree on her income increases, taxation contribution rates and insurance premiums.  Max usually followed Anna’s advice on money matters, although he had to sign all formal documentation as the director of the company. No contract was ever written concerning Anna’s work with Max.

In March, when she was on an assignment in the Blue Mountains, New South Wales, Anna fell over her tripod and down a mountainside, injuring her back. She was not wearing climbing boots or a safety helmet and her injury was not minimised by their protection. There were no work policies on wearing safety equipment although Max had often reminded Anna to be careful, especially when she was trekking. Anna had to cancel the photo shoot at the time, and, while she has attempted short assignments since, has not been able to maintain a full time load of work.  Anna has continued to receive her regular income since then, despite taking considerable amounts of time off to recover from her injury.  Anna takes anti-inflammatory prescription drugs and has to see a physiotherapist twice a week to lessen her back pain. 

Max has understood Anna’s intermittent absence at work is because of recurrent back pain.  However, he recently asked Anna if she thought that they could meet to discuss the future of their working together.  In the discussion that followed, Max got tense and advised Anna he no longer want to work with her, offering her 4 weeks’ notice paid in lieu.  He said he was reflecting on the early days of the company when neither Max nor Anna took home any pay, to determine this period of notice. Anna considers 4 weeks is grossly inadequate and reminds Max of his promise about a bonus payment.  Max doesn’t remember making such a promise.

  • Discuss whether or not Anna is an employee.
  • Assuming Anna is an employee, detail whether she could claim her contract has been breached on the basis she is entitled to a much larger termination payment.
  • Assuming Anna is an employee, discuss whether Max has breached any contractual duty in relation to her injury.

Summary

This question belongs to business law and discusses about breach of contracts based on the events given in the case study.

Total word count: 1640

 

Download Full Solution

Comments

  • HWA
    Rasha

    this is a very good website

  • HWA
    maani

    I have 50 questions for the same test your page is showing only 28

  • HWA
    joeanne

    hi can you please help or guide me to answer my assignments. thanks

  • HWA
    joeanne

    hi can anyone help or guide me to my assignments. thanks

  • HWA
    Monik


  • HWA
    Cristina

    This solution is perfect ...thanks

  • HWA
    Janete

    Hello Allison,I love the 2nd image that you did! I also, had never heard of SumoPaint, is something that I will have to exolpre a bit! I understand completely the 52 (or so) youtube videos that you probably watched. Sometimes they have what you want, sometimes they don't! However, it is always satisfying when you are able to produce something that you have taught yourself. Great job!Debra 0 likes

  • HWA
    Sandeep

    Perfect bank of solution. 

  • HWA
    Oxana

    great !

  • HWA
    Paul Brandon-Fritzius

    thanks for the quick response. the solution looks good. :)

  • HWA
    tina Johnson

    thnx for the answer. it was perfect. just the way i wanted it. 

  • HWA
    Giuseppe

    works fine.