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    Institut Teknologi Pertama: School of Business and Management

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    selvavishnu
    The document discusses tests used by courts to determine whether a person is an employee or independent contractor under employment law. It explains that courts apply three main tests: 1) The control test examines the employer's control over what work is done and how. 2) The integration test looks at if a worker is fully integrated into the employer's business when control is unclear. 3) The multiple test considers additional factors like uniforms, tools, benefits, substitutes, and pay methods if the first two are inconclusive. Examples are provided of cases where each test was applied.

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    Institut Teknologi Pertama: School of Business and Management

    Uploaded by

    selvavishnu
    6 views3 pages
    The document discusses tests used by courts to determine whether a person is an employee or independent contractor under employment law. It explains that courts apply three main tests: 1) The control test examines the employer's control over what work is done and how. 2) The integration test looks at if a worker is fully integrated into the employer's business when control is unclear. 3) The multiple test considers additional factors like uniforms, tools, benefits, substitutes, and pay methods if the first two are inconclusive. Examples are provided of cases where each test was applied.

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    The document discusses tests used by courts to determine whether a person is an employee or independent contractor under employment law. It explains that courts apply three main tests: 1) The control test examines the employer's control over what work is done and how. 2) The integration test looks at if a worker is fully integrated into the employer's business when control is unclear. 3) The multiple test considers additional factors like uniforms, tools, benefits, substitutes, and pay methods if the first two are inconclusive. Examples are provided of cases where each test was applied.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    6 views3 pages

    Institut Teknologi Pertama: School of Business and Management

    Uploaded by

    selvavishnu
    The document discusses tests used by courts to determine whether a person is an employee or independent contractor under employment law. It explains that courts apply three main tests: 1) The control test examines the employer's control over what work is done and how. 2) The integration test looks at if a worker is fully integrated into the employer's business when control is unclear. 3) The multiple test considers additional factors like uniforms, tools, benefits, substitutes, and pay methods if the first two are inconclusive. Examples are provided of cases where each test was applied.

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    INSTITUT TEKNOLOGI PERTAMA

    SCHOOL OF BUSINESS AND MANAGEMENT


    DIPLOMA IN BUSINESS MANAGEMENT

    BUSINESS LAW (TEST)

    Name Id. No

    :________________________ :___________________________

    INSTRUCTION: ANSWER THE FOLLOWING QUESTION

    In relation to Employment Law, explain the test used by the courts in deciding whether a person is an employee or independent contractor.

    Necessary to distinguish between a contract of service and contract for service Court apply 3 tests: Control test Integration test Multiple test

    The courts have developed several tests to decide what is a contract of service Control Test-does the employer control what the employee does, and how they do it?

    Case: walker v crystal FC Facts: As a professional football player Walker claimed to be self employed. Held: he was employed under a contract of service as he was subject to the control of the master in the form of training, discipline and method of pay Integration Test-where the control test is inconclusive then it may be shown that the worker is fully integrated into the employers business

    Case: Cassidy v Ministry of Health Facts: whether there was a master-servant relationship between the health authority and the surgeon. Held: the health authority in this case were the masters of people it employed on a routine basis despite the professional nature of their duties

    Multiple test- where the first two tests do not give a clear indication of a workers status wider factors will be considered including:

    a) Wearing of uniforms b) Provision of tools holiday/sick pay entitlements

    c) Use of substitute labour d) Method of remuneration Case: RMS v Ministry of Pensions

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