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Law For Accounting: Employment Law
Finance & Accounting
Pages 5 (1255 words)
LAW OF ACCOUNTING: EMPLOYMENT LAW Student’s Name Class Name of Institution City Date James’ Employment Status In James’ case the courts would first determine whether he is an employee of the hotel or a private contractor. It would determine whether having been taking classes in the hotel’s fitness club on a regular basis for the last six years qualifies James to be an employee of the hotel.
This test seeks to determine whether when the person is in charge of the operation of the employment contract the employer has control over the job, the time of the job and the work place (Lockton 2006, p. 35). In James’ situation he is in charge of the classes at the hotel’s fitness club thus can take time off and independently plan his own cover from the other instructors working in the hotel club. To this extent, the hotel “employer” has limited control on his working time (Sargeant and Lewis 2004, p. 123). Based on the above conditions, there is no personal service that is embodied in the Employment Law in the contract between James and Meteor. For instance, in case of Mersey Docks and Harbour Board v Coggins and Griffiths (Liverpol) AC 1 held that the crane driver was an employee of Mercy Docks. As per the contract, the crane driver was to be the employee of Coggins. The court held that despite Coggins instructing the driver, they had no control over the crane thereby making Mercy Docks to be liable for the crane driver’s injury of person X because of negligence (Contract of Employment 2011). ...
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