HRM220 - SuperEvents Pty Ltd - Employee or Independent Contractor? - Case Study Management Assignment Help

Assignment Task

As the owner of a new HR consultancy, you lead a small team of HR professionals keen on delivering the best advice and customer experience to your valued clients. A new client, Chloe, the Managing Director of SuperEvents is having some problems with a negligent security officer. Can you help them? 
SuperEvents, a boutique events management firm with high-end corporate and community clients, advertised for a night shift security officer. The advertisement read:
Night Shift Security Officer
A suitably experienced person is required to work as a night shift security officer for a highly regarded events management firm. Duties will include regular patrolling of internal and external premises as well as monitoring security surveillance equipment. Employment will be on a casual basis with at least 18 hours work offered each week. For details please phone Chloe Kai on 075 555555. Application forms may be obtained from the SuperEvents website: www. SuperEvents.com.
Alejandro Peña is new to Australia so speaks only some English. He didn’t let that stop him. He responded to the advertisement and was subsequently interviewed. The discussion of the employment revealed that SuperEvents did not want an exclusive contract with him and they had no objection to him doing other work. They were able to offer him at least 18 hours of work each week, with the exact number of hours varying week by week. These hours would be based on Alejandro’s availability each week, so he would be required to let the office know, in advance, of his weekly schedule. He would be responsible for his own income tax provisions.
Either party could terminate the arrangement with 24 hours' notice. No sick leave or annual leave was included, but Alejandro would be provided with a SuperEvents uniform (parka and a jumper with SuperEvents logo) free of charge. He seemed very happy to have the new clothes for free as this wasn’t common in Mexico. Although there was a security supervisor on the day shift Alejandro would be unsupervised on the night shift - there would be few if any other employees on site when he was working. He would be required to record his attendance on site and log any incidents that occurred for follow-up by the day shift. If Alejandro was unable to attend a shift he would need to advise SuperEvents so they could arrange a replacement from the day staff.
Alejandro was offered work with SuperEvents as a night shift security officer and accepted. As a consequence of the interview discussion, Alejandro established a company (Safe and Secure Pty Ltd). He wasn’t sure why he needed to establish a company since he had a job, but since he was new to Australia and really wanted the work, he didn’t ask any questions. Who knows, with this job he might get to meet really famous people. His weekly payments for his security work at SuperEvents were paid into a newly established company account so that he could keep his finances in order and to manage his own income tax and superannuation arrangements.
Alejandro joined SuperEvents just after a very successful major event and in preparation for the next. He found the buzz around planning the next event, a major convention on climate change, exciting and was soon on friendly terms with other workers he met who were working longer hours as a result of their increased work commitments. Over the next 6 months the excitement levels grew even more as the ‘big day’ came closer. By then, Alejandro had been working for SuperEvents for 12 months. Three nights before the convention, vandals broke into SuperEvents premises, where the signage and equipment to be used to promote the convention, its partners, and its suppliers was stored. Alejandro was doing an external patrol in a different part of the complex when the break-in occurred. The vandals managed to spray paint much of the promotional material with derogatory comments and slogans and get away before he could get back to the office to raise the alarm. As soon as Chloe was aware of the situation she sent a text message to Alejandro, dismissing him for negligence on the spot.
Alejandro believes he has been unfairly dismissed and wants to take action. The company maintains that he is an independent contractor and is therefore not covered by unfair dismissal laws. They also argue that even if he was an employee they have been fair given the damage he has caused through his negligence. As Chloe’s HR consultant what is your advice?
Your task 
Determine whether Alejandro is an employee or an independent contractor.
A. Discuss the test used to determine if a worker is an employee or an independent contractor, as outlined in the lecture, by exploring its use, elements and characteristics, and any issues related to the test(s) that might be problematic for application to the context provided in the case study material.

B. Apply the test to explore/analyse the issues in the case study. You are to provide an initial determination for each indicator as to whether it suggests (based on applying the balance of probability to evidence in the case study) that the worker is an employee or an independent contractor.
 
C. Provide an argument/justification (as a court would do) to reach a final determination of the worker's employment status. This final argument/justification should include precedent cases and evidence both for and against your position. Ensure that when using precedent cases you explain how/why the case applies (or distinguishes itself) from the current context - don't leave it up to the reader to try to interpret what you mean.

D. Provide recommendations to SuperEvents so that they might avoid such a misunderstanding in future (whether he is a contractor or not). Pay particular attention to the conduct of the interview and the clarity of expectations of both parties. 

HINTS FOR SUCCESS 

• Read and follow the advice in the formatting, structure suggestion and FAQ, below
• To be able to answer the questions satisfactorily, you will need a good knowledge of the material presented in the readings and lectures.
• Attendance and contribution at tutorials will be a significant advantage.

FAQ

• What is the word limit on this assignment?
2000 words (+/-10%) not including reference list or appendices.  In-text references count towards your word limit as do tables, diagrams. It is preferred that you DO NOT use appendices.
• What is this assignment worth? 50%
• Do I need an introduction and conclusion?
Yes – this is a case study so a brief introduction helps prepare the reader for the remainder of your document. You will need a brief introduction providing a context for the paper’s discussions and a reason for considering the issues. Outlining what you will argue (and how the paper is structured) will help the reader follow your rationale later. 
• Can I use headings?
Yes - it might be useful to use heading relating to the task details outlined at the end of the case study. You may use as many or as few of these as you like, but please be aware that too many headings can be distracting for the reader. 
• Do I need to show that a contract is in place?
No – assume a contract is in place and then just determine whether it is of service or for service.
• Can I use legislation and/or cases from other countries?
No – the circumstances of the case are based in Australian law. Legislation or cases from other jurisdictions will not be counted as valid in this context because there are numerous differences. 
• Do I need to use cases?
Yes – one of the marking criteria is linked to the use of appropriate precedent cases. Whether you use only cases discussed/outlined in the lecture or whether you seek additional material is up to you [the latter is rewarded more generously - showing research skills]. Whatever you do, you will briefly need to explain HOW the particular case used applies (or does not apply) to the context in this case study. DO NOT ASSUME that we will know the details of a case if you seek additional material – you will need to explain its relevance. Be specific.
• Do I need to discuss precedent and how it works?
NO – this is not central to the issues discussed, so you don’t need to engage in such discussions.
• How do I reference case materials?
In-text references should be: name of case (year) - for example: Australian Air Express v Langford (2005). 
In reference list this case would be cited as: Australian Air Express v Langford (2005)147 IR 240.
You do need to provide the reference in both places. Please refer to the Harvard Marking Guide available through the SWAY.
• Where do I find the legal test(s) we have to use?
The tests are ideas developed through court cases over the years about what constitutes employee status. There is now a range of templates that you can refer to, but you need to show an understanding of the ideas underpinning the ‘tests’ and then apply them to the specific situation (the case study material).
The Course Readings is a good starting point for discussions of the legal tests. If you are asked to discuss/use the totality test and you decide to use the table containing the indicia (as provided in the lecture) please ensure that you relate it specifically to the case study details – i.e. provide explanations of why you think a specific indicia leads to a particular outcome – do not just use ticks/crosses. The items in the indicia list do not cover all eventualities, and some may not apply to this case study. Also, there may be other issues that need to be included to make your analysis complete.
• On the use of the indicia table:
Many of you will find it useful as a process for working through your argument, but you do NOT have to include the table itself in your paper. It will count towards your word limit and can be quite wordy. You need to explain how/why certain indicia might be relevant to your argument (or not).
If you decide to include the indicia table in your paper, use it IN THE BODY OF THE PAPER as part of your argument. DO NOT USE IT AS AN APPENDIX - we will not flick back and forth on the screen to see how you're making your argument.
• Do I have to deal with any OHS or discrimination in this case study?
Yes, but only to a small degree - the issue here is independent contractor or not. However, part of the marking criteria does require consideration of diversity etc. so there needs to be an associated explanation on how the company might avoid similar misunderstanding in the future. 
• Do I need to come to a decision using the test(s) ?
Yes – the point of the exercise is for you to act like a court in assessing whether the worker is an employee or a contractor, and whether he/she is eligible to apply for any relief in the situation. Then provide this advice in a logical and well supported manner to your client. 
Referencing the case study 
• In-text: 
At the end of a sentence: 
At the beginning or middle of a sentence: 
• Reference List: 
Tracey, N 2020, HRFM220 Case Study: SuperEvents, viewed [DATE], [URL] 
References
• How many references do I need?
The short answer is that you need as many as it takes to support your argument. The longer answer is that you need a MINIMUM of 15 appropriate reference items.  
• Which referencing style do I need to use?
Harvard. Follow the instructions available on the library website for details 
What are appropriate sources or references?
o Textbooks or readings from the reading list on the Blackboard site
o Australian employment relations/industrial relations texts and journals
o Journal of Industrial Relations; Economic and Labour Relations Review; Labour and Industry 
o Australian law/employment law texts and journals
o Australian Journal of Labour Law; Law Reviews; and other similar academic journals
o Precedent cases
o CCH publications - various compendiums (like Master HRM Guide; Guide to Fair Work Act; Guides to OHS etc), as well as publications on individual disciplinary topics. (Depending on the CCH publication the material can by analytical or non-analytical and generalised. Use the material accordingly.)
o Documents from government departments - this is typically non-analytical, generalised material and needs to be used carefully. This is particularly the case with fact sheets, information for employees or employers, and other such general information. 
Use departments with links to employment and/or industrial or workplace relations – such as Fair Work Commission; Fair Work Ombudsman; or Department of Education, Employment and Workplace Relations - and make sure they are Australian federal government departments. 
You may use 2 items only from such government sources providing they are NOT virtually identical - for example: a document from Fair Work Commission titled 'Unfair Dismissal' and a document from Fair work Ombudsman titled 'Unfair Dismissal' would be considered as the same document and both should not be used.
o Documents from law firms - these may provide analytical information as well as     information about precedent cases, however:
Like government documents if you have one from a law firm called 'Am I a contractor or an employee' and a second document from another law firm called 'Employee or Contractor' they will be considered as the same document and both should not be used. Try to avoid this type of source in any case as there are better ones out there – only 1 allowed as a maximum.
• Be very aware of the possibilities for plagiarism to occur when using law firm documents and government documents. The tendency is to take bits and pieces (or whole paragraphs) without acknowledging it.
• How do I submit my assignment?
o Check that you have met your responsibilities in relation to academic integrity!!
o Upload an electronic copy to the SafeAssign link found in the ‘Task 2 - Case Study’ folder. 
o Wait until a green banner at the top of the screen has appeared before closing the page down. 
o The link won’t be available until just before the due date. 

• How do I format my assignment (font, spacing, etc.)
o There are marks allocated to formatting 
o Include a cover Page, which includes your:
Course code and name, 
Assignment name, due date 
Your name and student ID
Tutor’s name, tutorial time/date, 
Word count (not including reference list or any appendices)
o Then:
Add a title to tables and figures if used
Page numbers at bottom of page
Student name and ID in footer of page
Times Roman, Arial, Calibri
12 point
Double-line spacing
Indent first line of new paragraph

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