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The Court decided that Neve was not an employee of the newspaper and that she was an independent contractor. Consequently, the decision of the Commissioner of Economic Security was reversed.
The gist of the matter is that being termed an employee or not is determined by the extent of control which the person getting the job done has over the person doing that job. In this case the Commissioner of Economic Security decided that the control exercised by the Austin Daily Herald was sufficient to make Neve an employee. However, the Appellate Court decided that the control exercised was insufficient and hence reversed this decision. All the same one of the judges dissented with a part of this ruling as he disagreed with that aspect of the judgment which, dealt with the de novo renewal of application of law because in these type of cases the master servant relationship is the main criterion which was drawn out from the inferences for the reason that there were no contested facts. This view is also clearly expressed in the case Darvell V. Paul A. Laurence Co (1953) and Santiago V. Phoenix Newspapers, Inc (1990). ...Show more


The facts of the case are that Neve was contracted by the Austin Daily Herald for distributing newspapers. The Commissioner of Economic Security directed the Austin Daily Herald to pay taxes on behalf of Neve as he decided that Neve was an employee of the Austin Daily Herald…
Author : brocksmith
Legal Briefing
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