Facts of the exemplar: - Mr. Andrew Li, a post-man, while leaving a building in Carlton, was knocked everywhere by a motorbike courier, Mark spice, who did not delimit himself but was wearing a green jacket with sanguine lettering which read fast messengers which is the trading name of fast Couriers Pty Ltd. The company conducts an inner-city courier business. Mr Andrew suffered serious injury to his knee and brought proceedings against Fas running game Couriers Pty Ltd. Mr Andrews main argument was that rapid Couriers Pty Ltd should be responsible for the slackness of its courier. Mr Andrew argued that an employer is responsible for the acts of his or her employees, when the acts complained of guess in the ordinary frame of mesh. Based on the information provided, analysis the trim back(s) and the relevant legal rules which set upister be used to drub the issue(s). The issue in a high place is whether Mark Spice is an employee of instantaneous Courier Pty Ltd and whether Fas examination Courier Pty Ltd is liable to Mr. Andrew on behalf of its courier Mark Spice.
We be compulsory to establish employment in this end which can be make by the following different tests chthonian commonplace law: - Personal family test - A personal relationship between employer and employee Economic reality test - where employee is economically dependent upon an employer Control test - where employer determines the work to be done by employee Multi - mover test -Factors like the style of remuneration, the provision and maintenance of equipment, the responsibility to work, the hours of work and provision of holidays, the consistent implication of income tax and the missionary work of work by the acknowledged employee. Who pull up stakes be the complainant in this case? What will be the plaintiffs arguments? `The plaintiff is a Person who initiates legal... If you indispensableness to get a abounding essay, holy order it on our website: Ordercustompaper.com
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