CHOOSE ANY ONE QUESTION. Assignment Question 1In January 2014 Technicalities Ltd. a labour hire company hired Maisy an officeworker. She was re-entering the workforce after being a full-time mother at home fortwo years. Technicalities placed her with a client Innovative Storage. IS had Maisywork for them regularly throughout the year and again in early 2015. Maisy alsoworked for other firms but only on a casual basis. Technicalities reported that ISwas satisfied with her work in May 2015 when they told her they would continue toneed her until further notice and she worked full-time for them until December 2015.When she started work for Technicalities Maisy registered an Australian BusinessNumber as required by them. Technicalities said this was so they could pay her aflat hourly rate for all of the hours she worked and not offend any laws about penaltyrates. She did not take work instructions from Technicalities though but accepteddirections from IS on a daily basis. She does not get paid when she takes sick leaveor carers leave. Maisy always wore the IS uniform while at work and was receivingtraining in an accounts system on Friday afternoons in a spare office at IS untilDecember 2015. Maisy made her own superannuation contributions and taxationpayments. IS told Maisy when her hours of work were what her duties were andwith whom she would be working.In late November Maisy had an accident at work. She slipped and fell down somestairs while carrying office equipment. A spill had occurred the day before andalthough the cleaner had mopped up the oil there was a residual coating on thestairs. Maisy injured her back shoulder and left arm. She took a couple of weeks offwork and asked IS to pay her medical expenses. They were reimbursed in full. Maisycontinues to have a sore back and shoulder.In early December 2015 Maisy saw a job advertisement online. It was for an officeworker at IS. She applied in writing but did not succeed in her application. Maisywas not sure why she missed out and was not advised that the position advertisedwould make her continued services obsolete. The following week and after makinginquiries of management she was informed by IS that she would receive two weekspay in lieu of notice. Maisy has not received any further work allocations fromTechnicalities.(a) Is Maisy an employee or another type of worker?(b) Assuming Maisy is an employee who is Maisy’s employer Technicalities or IS?(c) Assuming Maisy is an employee has Maisy’s employer breached any contractualduty owed to her? 1 Assignment Question 2Anna used to earn $150000 per annum paid fortnightly. As a photographer sheworked with Max producer and director of Creative Juices Pty. Ltd. Creative Juicesbegan operation in 1996 with only Max and Anna and saw $2 million gross profit lastyear. Anna enjoyed taking on jobs that challenged her to produce innovativetelevision advertisements. She and Max had been friends since University and haddeveloped an exciting work relationship involving Max’s production of her visualexpertise. Max promised Anna when they first started working together that shewould receive a large bonus payment when she left the company at least 50% of themost recent annual profit made. Although with the growth of the company theynow worked separately most of the time they would meet frequently to discuss theincome and expenditure of the company and also to agree on her income increases taxation contribution rates and insurance premiums. Max usually followed Anna’sadvice on money matters although he had to sign all formal documentation as thedirector of the company. No contract was ever written concerning Anna’s work withMax. In March when she was on an assignment in the Blue Mountains New South Wales Anna fell over her tripod and down a mountainside injuring her back. She was notwearing climbing boots or a safety helmet and her injury was not minimised by theirprotection. There were no work policies on wearing safety equipment although Maxhad often reminded Anna to be careful especially when she was trekking. Anna hadto cancel the photo shoot at the time and while she has attempted shortassignments since has not been able to maintain a full time load of work. Anna hascontinued to receive her regular income since then despite taking considerableamounts of time off to recover from her injury. Anna takes anti-inflammatoryprescription drugs and has to see a physiotherapist twice a week to lessen her backpain. Max has understood Anna’s intermittent absence at work is because of recurrentback pain. However he recently asked Anna if she thought that they could meet todiscuss the future of their working together. In the discussion that followed Max gottense and advised Anna he no longer want to work with her offering her 4 weeks’notice paid in lieu. He said he was reflecting on the early days of the company whenneither Max nor Anna took home any pay to determine this period of notice. Annaconsiders 4 weeks is grossly inadequate and reminds Max of his promise about abonus payment. Max doesn’t remember making such a promise. 2 (a) Discuss whether or not Anna is an employee.(b) Assuming Anna is an employee detail whether she could claim her contracthas been breached on the basis she is entitled to a much larger terminationpayment.(c) Assuming Anna is an employee discuss whether Max has breached anycontractual duty in relation to her injury. 3