The Integration Test: In Stevenson Jordan and Harrison v Macdonald & Evans, Lord Denning specified that under a contract of service, an individual is a part of the business and the work conducted is integral to it, whereas, work under a contract for services is conducted for the business but is only an accessory to it. Rather than emphasising the range of control, the test relies on to what extent the individual is absorbed into the organisation. This test is valid to an extent when establishing the employment status of highly skilled professionals but it is unfitting to the modern labour market. Difficulties arise when assessing flexible employment which is used to match supply and demand, these individuals have no permanent relationship, and this usually attracts employers as they have no responsibility for them and are not employees. The test is not completely diminished as seen in Franks v Reuters , where the individual had been permanently working for Reuters for a number of years and was sent from an employment agency, the level of integration was considered however it was not decisive. Since the inability of the test to be exclusively relied upon to determine employment status and the addition of different types of workers on the increase, a multifactorial approach is necessary. The Multiple Test: Ready Mixed Concrete v MPNI is the crucial case in which McKenna J illustrated three conditions that have to be satisfied for a contract of service; 1. Provisions of
Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:
This case illustrates the presence of conditions precedent, implied conditions, substantial performance, and breach of contract (material).
A competent criterion-related validation study should be based on a sample that is reasonably representative of the work and candidate pool. Some example of tests that Tanglewood can to conduct and used for employment
In the case between Michael Franz David Willms and Manisha Willms and Macdonald builders (Celtic Homes) Ltd, outlines a “breach of contract and negligent misrepresentation” (Willms v. MacDonald Builders (Celtic Homes) Ltd., 2016), and contains the application of the builder’s lien act. The plaintiffs had come to and agreement with the defendant to renovate their house. However the Plaintiffs argue that the conduct of the defendant led to the creation of many deficiencies, which ultimately led to the project not being completed to the level of satisfaction the plaintiffs desired. This in turn led to legal action.
This test is used eliminates candidates potential to use mental processes to solve work-related problems. Validity test is a general cognitive test that is good predictors if the candidate is able to perform the job; however, more complex jobs the better test results the tester will have. This test has demonstrated to produce many valid outcomes such as performance and successful training as well as predict job performance for complex jobs. One of the disadvantages to this type of test is that it is time consuming to develop if not purchased off of the
Contracts are an important part of everyday life. They are an essential part of business. As a student of a business law class, I will discuss in this paper several aspects of contracts. This paper will give a definition of a contract and the essential elements necessary to form a valid contract. It will briefly discuss breach of contract and the difference between a material breach and a nonmaterial breach of contract. Examples of legal and equitable remedies available for breach of contracts will be highlighted. Also, legal excuses for nonperformance or other grounds for discharge of contracts will be addressed. Finally, three types of common contracts personally and professionally encountered will be mentioned.
The Classification between an independent contractor and employee has raised a number of issues throughout the past 50 years. Failing to create an effective formality to be applied by the courts to any particular case, it has lead to commercial uncertainty through Australia. This essay will analysis Stevens V Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 decision regarding the high court process in distinguishing between whether there was an relationship between the employer of employer/employee or employer/independent contractor.
– Identify and analyse the reasons why it is important to determine an individual’s employment status
Identify and analyse the reasons why it is important to determine an individual’s employment status.
1.3 Identify and analyse the reasons why it is important to determine an individual’s employment status.
The general principles of contract law rule the structure of the contract of employment. A contract of employment is a contract by which a person, the worker, takes on for a limited or undefined period of time to do work for payment according to the instructions and under the direction or control of another person, the employer. Inside the structure of a contract of employment, a person carries out the service of work, gets payment and the work is carried out according to the direction and supervision of the employer. "The terms of the contract may be either in writing or given orally, but both are equally binding and enforceable. When a person is hired to be an employee, the person enters into a contract of service, which is an employer/employee relationship" (Determining the Employer/Employee Relationship - IPG-069, 2012).
In Privy Council decision Attorney-General of Belize v Belize Telecom (Belize thereafter), Lord Hoffmann in delivering the leading judgment, assimilated the implication of term and contractual interpretation resulting in the well-known traditional tests: “business efficacy” and “officious bystander” merely as auxiliary role in discovering the the objective intention of the contract. Even though the Belize test has long been accepted by the English and the New Zealand courts, Singapore court seems to have reservations. A great deal of debate surrounds the issue as to the roles of the Belize test to be afforded to two
For this assignment the writer is going to discuss the nature and types of construction contracts and will explain the legal responsibilities of the various parties involved in the design and the construction process.
(Rousseau 1995) argues that transactional and relational aspects are present in most employment contracts and that it is the length of time that the employment is expected to last that usually identifies relational from transactional contracts, with short term
In order to determine the status of an individual, the courts have come out with several tests since 19th century. However the tests are criticised as outdated and insufficient due to the decline of the traditional manufacturing industries . Furthermore the encouragements of the government of the flexibility of work and the expansion of the IT field have changed the nature of the employment concern nowadays .