Posted: January 2nd, 2016

Advise LDF as to whether he has any rights against ARC.

Leonardo needs you to provide him with written advice on the following matter. Use your knowledge of employment law and ILAC to structure your response.

Leonardo Di Fabrio (LDF) loves gardening.

He could do gardening every day for many hours a day.

He is also a practising member of the Amish community who live in a remote area in north western New South Wales. The lands in the remote area are all owned by a corporation called Amish Religious Communities Pty Limited (ARC) which is registered in Australia. ARC does not engage in any trading or financial activities. LDF does gardening on lands owned by ARC. In return, ARC pays no money to him. However, he is provided with full board by various Amish families. He is expected to attend church every Sunday morning and to participate in barn raising activities every 3-4 months with other members of the Amish community. There exists no written document governing the relationship between ARC and LDF. However, there is a written ARC policy which states: “Every Amish man must shave his moustache on a daily basis but must never cut his beard.”