Reference no: EM133226331

Employment Law

Anna is delighted to be appointed to the Mitotic Progression group headed by Professor john. The Johns lab studies mechanisms safeguarding mammalian genome stability during cell division in the context of cancer (Johns Lab is a private organisation). Anna is appointed to work across twenty (20) workshops - [two (2) workshops a month for ten (10 months)] teaching and assisting post-graduate students. The John Lab HR panel tells Anna that she will be paid on a per workshop basis ($825) and is not considered to be an employee. Each workshop has 15 students enrolled. When Anna receives the contract, she notices that the contract say's 'fixed term'. She signs it and scans it back to the HR department.

Each workshop will focus on cutting-edge fixed and live cell imaging and biochemical analysis.

The expectation is that Anna will possess excellent lab skills, bookkeeping and communication skills because Anna will be the sole lab technician. After each workshop, Rose must fill out a Lab Report on how the workshop went, mark the student's assessment, and provide feedback.

Jillian, the administrator at Johns Lab, has told Rose that she needs a current comprehensive first aid certificate (costing $250) before the first workshop; however, Johns Lab will not pay for the first aid certificate.

Before the first workshop - Anna receives the workshop timetable via a shared drive; the timetable sets out the dates, the time the workshops begin and end, and the laboratory Anna must use for the workshop. Each workshop has an expected topic that must be covered, and the students are expected to complete each assessment and submit it through Johns Lab's Moodle page. Anna must follow the instructions for each workshop. Anna is expected to wear black lab-safe shoes, a black skirt, a black top, and a lab coat that James Lab supplies. When the lab coat arrives, it has Anna's name embroidered under 'James Lab'. After each workshop, Anna submits the student attendance, her workshop timesheet, and her Lab report to the administrator, Jillian. HR pays Anna once Jillian has approved payment.

When Rose receives the payment for the first workshop, she notices the payment is a net figure, not a gross figure there is also a deduction of $165 as only 12 students attended the first workshop Anna approaches Jillian for clarification - Jillian tells Anna that the tax has been removed and payment was for 12 students [not 15 students]. After four workshops, Anna realised that the three students had withdrawn from the course. Anna is confused because she thought she was not an employee.

Question: Advise Anna on whether she is a contractor of service OR a contractor for services. Make sure you explain your answer.