Discuss below in a 500-600 words
Issue: What is the issue in this situation?
Rule: What are the laws associated with this situation? This is based on Australian law - what are the relevant Australian laws?
Application: how do I apply the rules/laws or former legal cases? managing/dealing with the issue.
Conclusion: Brief summary
Employing Staff
You have employed a total of 7 staff of which three are:
Dina - Waitress - University Student who works for $150.00 a day but only when she is available, which is usually 1 day a week, or three days a week during university breaks.
Emily - Mixologist - expert at making cocktails, employed on a regular employment contract 5 nights a week.
Frankie - Cleaner
Address the following legal issues in relation to these staff members.
Q1. Dina has slipped over on some meatball meat spilt (by someone unknown) on the floor and has broken her wrist. Adam does not think she is an employee.
Is Dina an employee and what are the consequences for Adam and you if a court determines that she is an employee?
Q2. Emily keeps turning up to work in very revealing clothing including short skirts and low cut tops. You do not feel this is appropriate and want her to stop wearing revealing clothes. You give her an ultimatum: change her outfit to something more acceptable or lose her job. Can you do that?
Q3. Frankie the cleaner has complained to you about Dina making sexist comments including telling him "he is hot" and "he is cute" all the time. You think he is overreacting and want to get rid of him. So you ignore his protests, telling him he should know "how to take a joke." He complains to the Equal Opportunity Commissioner. Are there any likely consequences for you and Adam?