商法essay代写 Business Law (PACC 6009)

The University of Newcastle

商法essay代写 The legal distinction between the relationship of employer and employee is often difficult to assess. Up until very recently,

Instructions to Students: 商法essay代写

1. This paper contains one (1) question. Your answer to this question will account for 20% of the marks available for this subject.

2. Students must work alone and submit answers, which are comprised of their own work only.

3. Assignments are due at 11:59PM on the Friday of Week 9 and students are required to submit their work through the ‘turn-it-in’ portal on Canvas.

4. Extensions will not be granted in the absence of compelling reasons.

Assignments submitted late will be penalised in accordance with the penalties set out in the course outline

5. The recommended word length is 1,500 words. Assignments must appropriate the recommended number of words. Marks will be deducted if this word range is materially exceeded or not reached.  商法essay代写

6. If any material is relied upon as authority for a proposition put, such material must be properly referenced using the APA 7 referencing style. For guidance on this referencing guide, students should refer to the following university web link:

(https://www.newcastle.edu.au/library/learn/referencing

7. General Bibliographical References are not adequate to comply with the above. Your referencing and your bibliography do not count as part of the

word count for the assignment.

8. All works consulted in relation to the assignment should be cited in an alphabetical list at the end of the assignment. (Bibliography)

9. It is expected that student will use/consider sources other than the prescribed text to complete this assignment.

Assignments will be marked on the following criteria:

(a)Knowledge and research of the assignment topic;

(b)Identification of the relevant law and the legislative objective(s) that underpin the relevant law;(c) Identification of the legal, professional, economic and/or social issues;  商法essay代写

(d)Development of argument(s) and demonstrated ability to identify the arguments for and against proposed changes to the law;

(c)Conclusions reached and whether they are properly supported and follow logically from the argument(s) put;

(d)Conciseness of presentation, spelling and clarity of expression;

(e) Whether the student has properly referenced their work using the APA 7 style(see: https://www.newcastle.edu.au/library/learn/referencing);

(f) Grammar & punctuation;

(g)The degree of independent thought exhibited by the student

MID – TRIMESTER ASSIGNMENT QUESTION (20%)  商法essay代写

The legal distinction between the relationship of employer and employee is often difficult to assess. Up until very recently, Australian legal authorities had held that a ‘multi-factorial’ or ‘multi-indicia’ approach was required to determine whether a person was engaged as an independent contractor or as an employee. The distinction is important for those in business as those workers classified as employees enjoy many more rights and protections under the law than those determined to be independent contractors.

Earlier this year, the Australian High Court handed down two decisions on this area. Those decisions were:

• Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel  Contracting Pty Ltd [2022] HCA 1; and




• ZG Operations Australia Pty Ltd & Anor v Jamesek & Ors [2022] HCA 2

Explain the significance of these two decisions on how the courts now assess whether  a worker is an ‘employee’ or ‘independent contractor’ and what (if anything) should  businesses now do to better ensure the intended relationship with a worker is  recognised at law?  商法essay代写

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