Advise Whether Westwood or June Is in Breach of Contractual Terms, and Also Whether June Could Claim Any Legislative Protections in Relation to Malcolm’s Conduct.

The issue here is to advise whether Westwood or June is in breach of contractual terms, and also whether June could claim any legislative protections in relation to Malcolm’s conduct.

Firstly, there is a need to establish the employment relationship between Westwood and June in order to determine whether a contract of service exists between Westwood and June.

Control Test

The control test suggests that the employee (servant) is to perform work as per his or her employer’s (master) command or control. Under the control test there are two elements, which are the nature of control and degree of control over the employee. The control refer here is not just the amount of control, it is also the nature of the control and the direction the control is being exercised. Federal Commissioner of Taxation v J Walter Thompson (Aust) Pty Ltd (1944) 69 CLR 227.

There is detailed and extensive control being exercised by Westwood over June. Westwood give detailed instructions and show control on where and what time to report for work. June is not able to decided what time or day she wants to work as she is obliged to work in Westwood’s premises from 9am to 5pm, Monday to Friday. Zuijs v Wirth Brothers Pty Ltd (1955) 93 CLR 561 Westwood also have dress code that June needs to abide to. June was also given clear description on what are her main duties, which is to undertakes an administrative role in supporting the senior librarians including data entry, returning books to shelves and assisting students with their queries.

Multi-factor test

The multi-factor test will have to take into consideration of a range of factors and balances the different factors to determine if there is a contract of service exist. Superannuation contributions would suggest an employment relationship, as employer needs to pay superannuation for employee. Vabu v FCT (1996) IR 150 Another factor to consider is not able to delegate duties also suggest an employment relationship. Sgobino v State...