BSL202 Workplace Law Assignment Question | MU

Instructions

1. Your answer to all Questions, below, must not exceed 1,600 (+/- 10%) words in total. You can divide the 1,600 words between the questions however you like.
2. A good answer will demonstrate the following qualities:
(i) Correct identification of the relevant legal issues;
(ii) Explanation of relevant case law and legislation;
(iii) Clear application of the principles arising from case law and legislation to
the facts;
(iv) Appropriate use of sentences, headings, paragraphs and grammar; and
(v) Correct referencing of your sources.
3. Format: Your answer must be typed, and use 1.5 spacing. Page margins should be the usual Word default margins (approximately 2.5cm). Use Times New Roman and 12-point font (this does not apply to footnotes/endnotes).
4. Bibliography: There is no need to provide a bibliography, provided that you use footnotes, endnotes or in-text referencing to adequately reference the material used in your answer.
5. Referencing: Follow the APA Referencing style or use Chicago Referencing
a. APA
b. AGLC 4
6. Submission: Submit your answer online by Midnight, 7
th March 2025. Use the icon in the Assignment folder to submit your assignment electronically.
7. Word limit: Print the total number of words you have used in your assignment on the cover sheet or front page of your submission.
8. Late Penalty: To encourage punctuality, 10% will be deducted from your raw mark for each day, or part thereof, by which the date of submission exceeds the submission deadline.
9. Plagiarism: This will be penalised severely, normally by failure.

Assignment Question

Eclipse Marketing Pty Ltd (Eclipse) is a digital marketing agency based in Perth, Western Australia. The company specialises in providing social media management and advertising services to small businesses. Eclipse operates out of a sleek, modern office in the city, known for its glass facade and open-concept design.

At the start of 2023, Liam, aged 24, entered into an independent contractor agreement with Eclipse to provide social media marketing services. The contract explicitly stated that Liam was not an employee but an external consultant engaged to provide services on a project-by-project basis. Under the agreement:

• Liam had flexibility in his work, setting his hours and deciding how to complete projects, provided he met agreed-upon deadlines.
• He was free to work for other clients, including businesses in the same industry as Eclipse’s clients.
• He was responsible for paying his tax and superannuation.
• He used his laptop and software to complete the work.
• He billed Eclipse on a per-project basis, submitting invoices at the end of each month. Over time, Liam’s engagement evolved, but the changes were gradual and informal rather than the result of a clear contractual amendment. By mid-2023:
• Eclipse offered Liam a desk in their office, which he occasionally used when collaborating with the team.

• He was invited to staff meetings and strategy sessions, though it was never explicitly required.
• Eclipse gave him login credentials to their project management system so he could more efficiently coordinate work with the in-house team.
• Over time, Liam’s project-based invoices became more structured, with a regular monthly payment amount, though he still technically issued invoices as a contractor.
• Eclipse suggested he use their corporate email address for client communication, but he also continued using his business email.
• Clients and staff began referring to him as “our social media guy,” though his title was never formally changed.

In November 2023, Eclipse introduced a new Client Confidentiality and Non-Competition Policy, which applied to “staff and contractors performing ongoing services for Eclipse”. The policy prohibited individuals from working with Eclipse’s direct competitors or providing marketing services to clients outside of their assigned work with Eclipse. Liam was made aware of the policy but never formally signed it.

In January 2024, Eclipse discovered that Liam had been managing social media accounts for two of Eclipse’s existing clients under his freelance brand without informing the company. When confronted, Liam argued that he had always been an independent contractor and that the policy did not apply to him. Eclipse immediately terminated his engagement, citing a breach of its policy and a conflict of interest.

Assignment Questions (IRAC Method)

1. Has Liam’s employment status changed from an independent contractor to an employee? 
2. If Liam is considered an employee, is the Eclipse policy enforceable as a contractual term, and has he breached it?
3. If Liam is considered an employee, has he breached any duty to Eclipse by managing social media accounts for other clients?