Assignment 2
Vinod is a university student who works part time as a delivery driver for Yum Yum Pizzas. Vinod is allocated shifts with strict commencement but unspecified finish times. He is provided with a uniform in the form of a T-shirt and cap that he is required to wear when delivering pizzas and is required to use his own vehicle to deliver the pizzas. Vinod uses his bicycle for this purpose. Yum Yum Pizzas have provided him with special heat retaining paniers so that the pizzas will stay hot while they are being delivered. Vinod is paid a flat fee per delivery.
OCHS12015 Legal Analysis of Potentially Compensable Injury Assignment-CQ University Australia.
During the course of a delivery one evening Vinod makes a detour to the closest Liquor Mart store in order to pick up some supplies for a party he will be attending later that evening after his shift. After picking up the alcohol he resumes his delivery and because he is now running late pedals in excess of the speed limit in order to make up time. On the way he runs into and injures Penelope a young up and coming socialite who while intoxicated with a group of friends runs across Vinod’s path. The group had decided that it would be fun to play chicken with the traffic. Vinod is also injured, breaking his left leg in a number of places and is unable to work or attend university for the next 2 months.
Question 1
Is Vinod entitled to any form of compensation? If so, from whom?
Justify your conclusion based on your assessment of the legal position.
Question 2
Is Penelope entitled to any form of compensation? Is so, from whom?
Justify your conclusion based on your assessment of the legal position
OCHS12015 Legal Analysis of Potentially Compensable Injury Assignment-CQ University Australia.
2 Written Assessment
Assessment Title
Legal analysis of potentially compensable injury
Task Description
A scenario is provided on the unit Moodle site. In the context of the material covered in weeks 4 – 6 of the unit, analyse the case and determine whether the injured person(s) has/have a claim for compensation and if so on what basis.
Submit your answer as an essay, in Word format only. Inclusion of external sources should be referenced appropriately.
Assessment Due Date
Week Friday 11:45 pm AEST
Return Date to Students Week Friday
Weighting
30%
Assessment Criteria
Your submission will be graded according to the following criteria:
Relevance
i. Depth of understanding in formulating responses to the assigned task
ii. Alignment of responses to the assigned task
iii. Connections between discussion and evidence
Validity
i. Depth and extent of discussion i.e., understanding of concepts and evidence
ii. Accuracy and originality of the discussion
iii. Judgment and reasoning i.e., assertions made based on level of critical thought analysis and synthesis
iv. Depth and extent of evidence used
Organisation
1. Consideration of required components of the assigned task
2. Structure and flow of information
3. Coherence and clarity of expression (spelling, grammar, syntax)
Presentation
1. Style and formatting in accordance with required academic standards
2. Typographical matters
3. Referencing protocols
4. Length
OCHS12015 Legal Analysis of Potentially Compensable Injury Assignment-CQ University Australia.
Referencing Style
Harvard (author-date)
Submission Online
Learning Outcomes Assessed
a. Describe the current work health and safety and workers’ compensation legal frame works in Australia.
b.Apply relevant principles in order to determine workers’ compensation entitlements.
c. Adopt a legal fault tree approach to the chain of incident causation in order to construct an accident analysis from a legal perspective.
d. Apply common law and statutory work health and safety provisions to determine liability.
OCHS12015 Legal Analysis of Potentially Compensable Injury Assignment-CQ University Australia.
Graduate Attributes
1. Communication
2. Problem Solving
3. Critical Thinking
4. Information Literacy
5. Information Technology Competence
6. Cross Cultural Competence
7. Ethical practice