Identifying the Legal Issues - Principles to Facts and Conclusion - Law Assignment Help

Assignment Task :

QUESTION 1  

• Identifying the legal issue/s                                           
• Identification & Discussion of the relevant legal principles                               
• Application of principles to facts and conclusion                                                    
• Presentation (compliance with formatting instructions)                                  

QUESTION 2 ESSAY:  

• Definitions and explanation of the theories                                                        
• Comparative analysis and discussion in relation to the question                                                                  
• Presentation (includes font, etc. and adherence to formatting instructions)  

Assignment Question 1   (There is no set word-count for this question- answers should be in IRAC format, succinct, precise and authoritative)  
BE-U-T-FUL Pty Ltd is a beauty therapy company in Perth.  They sell various beauty services to clients who want to improve their personal image. BE-U-T-FUL Pty Ltd operates out of a square bright magenta building with distinctive street art, which is iconic and known for its striking colour and artwork. KardyBi, aged 24, is one of their full-time therapists.  She signed an agreement at the end of 2019, to operate from 1 January 2020 until 31 December 2023, stating that she was not an employee and that she would abide by all BE-U-T-FUL Pty Ltd rules. Until recently, KardyBi wore a shirt that had a BE-U-T-FUL Pty Ltd embroidered logo and received an agreed percentage of all services she performed. She also received a small base payment on a monthly basis. KardyBi paid tax on that income directly to the taxation department. BE-U-T-FUL Pty Ltd recommends their workers register a business name for these purposes.  KardyBi had set hours and received a half price discount on BE-U-T-FUL Pty Ltd services.  BE-U-T-FUL Pty Ltd did not train KardyBi or the other therapists; rather they all attended a specialised training agency and BE-U-T-FUL Pty Ltd paid for it.  
BE-U-T-FUL Pty Ltd have a social media policy that includes a prohibition on therapists posting comments that can be linked to BE-U-T-FUL Pty Ltd and/or its clients. On March 1 2020, KardyBi posted a comment on her Facebook account about an overly-hairy, obese man who had come into her work for hair removal services, indicating that he ‘smelt bad’ and “left the magenta building smelling like a flower”.  One of the BE-U-T-FUL Pty Ltd managers read the post and the next day dismissed KardyBi on the spot. The same manager also noted KardyBi’s promotion of her own “home-run” “weekends-only” beauty therapy business specialising in eyebrow design. Based on these facts- answer the following questions using the IRAC approach for each: 

• Is KardyBi an employee or another type of worker? Use the current common law test.
• Regardless of your answer to (a)- if we assume for this question that KardyBi is an employee, what is the legal status of the BE-U-T-FUL Pty Ltd policy? Has it been breached? Answer should be supported by reference to leading cases.
• Assuming KardyBi is an employee, is she in breach of any duty to BE-U-T-FUL Pty Ltd in relation to her “home-run” business?  Answer should be supported by reference to leading cases   

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