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The new independent contractor laws came into effect on 1 March 2007 via the Independent Contractors Act 2006.
In combination with the current WorkChoices legislation, the new contractors0 legislation is a further step towards establishing a single national workplace relations system and has significant implications for the use of independent contractor arrangements. The key changes are as follows:
0 > Removal of protections for certain independent contractors who are deemed employees under State legislation, and
0 > Introduction of a single national scheme for the review of independent contractor arrangements on grounds of 0unfairness0 which will provide a forum for contractors to challenge the terms of their engagement, including termination entitlements
0 > Penalties for parties who enter into 0sham0 independent contractor arrangements ie, engaging a person as a contractor when legally they should be characterised as an employee.
If the contractor arrangements facilitated by the new legislation are properly utilised and implemented, there is considerable potential for businesses to reap the rewards of this further deregulation of the labour market.
The stated purpose of the Act is to recognise and protect the unique position of independent contractors in the Australian labour market. The Act0s principal objects are:
0 > To protect the freedom of independent contractors to enter […]
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Under the state laws of California, personal injury is defined as an essential part of the Tort Law. Tort is actually a Latin word that means inter alia or an intentional or negligent civil wrong not occurring from a statute or contract.
Intentional torts are wrongful actions that aim to hurt someone, deliberately. This is usually cases involving battery and defamation. On the other hand, most personal injuries involve negligence and strict liability.
An action that brings about personal injury allows a victim to sue another person or entity for committing civil wrongs and claim for money damages.
In the state of California, many kinds of personal injuries occur. Most of these are due to the negligence of someone or some entity that should have been more responsible or is expected to exercise a standard of care.
California Courts uses the term of California Personal Injuries to cases wherein negligence is a major factor that caused an accident:
These cases include but are not limited to the following:
- Motor vehicle accidents 0 car crash, SUV rollovers, truck accidents, automobile accidents
- Slip and Fall Accidents 0 premise liability injuries
- Product liabilities - injuries arising from defective or dangerous products
- Airplane Accidents
- Wrongful Death
Still other cases involving personal injuries in […]
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Bosses are being warned that they must protect their staff from stress in the workplace if they want to avoid costly damages! The warning comes after a UK woman was awarded over 0130,000 after she suffered a nervous breakdown brought on by pressure at work.
A Shropshire Employment Law Specialist in the UK, warns that this case was a timely reminder for employers that they must take stress seriously!
0The woman had repeatedly told her employer about the amount of work she was struggling with, and she claimed they did nothing to help her tackle the issue.0
The High Court ruled that the demands made on her were totally unreasonable, and if action had been taken, her breakdown could probably have been avoided. The employer in the case had referred the woman to a stress counsellor, but at no stage was anyone brought in to share her workload.
0Simply offering stress counsellings is not a long-term solution 0 if the root of the problem is the amount of work an employee is facing, the management team have to tackle the problem directly. As an employer, you are ultimately responsible for the welfare of your staff, and it0s vital that you take their concerns seriously.
0Although […]
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