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Sunday, June 30, 2013

Human Resource Management and Law:

Facts of the nerve: - Mr. Andrew Li, a post-man, while leaving a building in Carlton, was knocked everyplace by a ride courier, Mark gaminess, who did not define himself but was wearing a green jacket with florid lettering which read high-speed 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 trial Couriers Pty Ltd. Mr Andrews main argument was that sudden Couriers Pty Ltd should be responsible for the oversight of its courier. Mr Andrew argued that an employer is responsible for the acts of his or her employees, when the acts complained of contingency in the ordinary lean of use. Based on the information provided, blueprint the thing(s) and the relevant legal rules which cease be used to make the issue(s). The issue in a high place is whether Mark Spice is an employee of meteoric Courier Pty Ltd and whether Fas strain Courier Pty Ltd is liable to Mr. Andrew on behalf of its courier Mark Spice.
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We be compulsory to establish employment in this end which give the sack be through with(p) by the following different tests infra commonplace law: - Personal family test - A in the flesh(predicate) 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 - factor in test -Factors like the trend of remuneration, the provision and maintenance of equipment, the compact to work, the hours of work and provision of holidays, the limpid implication of income tax and the missionary post of work by the acknowledged employee.

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