Human Resource Management and Law:

Facts of the Case: - Mr. Andrew Li, a post-man, while leaving a mental synthesis in Carlton, was knocked everywhere by a bicycle courier, home run Spice, who did not delineate himself but was wearing a fountain jacket with florid lettering which read high-velocity messengers which is the barter name of fast-paced couriers Pty Ltd. The company conducts an inner-city courier business. Mr Andrew suffered serious crack to his knee and brought proceedings against Fas runnel Couriers Pty Ltd. Mr Andrews main argument was that quickest Couriers Pty Ltd should be responsible for the negligence of its courier. Mr Andrew argued that an employer is responsible for the acts of his or her employees, when the acts complained of detect in the ordinary course of employment. Based on the learning provided, outline the issue(s) and the relevant legal rules which can be utilise to solve the issue(s). The issue in a higher spatial relation is whether Mark Spice is an emp loyee of Fastest Courier Pty Ltd and whether Fastest Courier Pty Ltd is liable to Mr. Andrew on behalf of its courier Mark Spice. We are imperious to establish employment in this end which can be done by the following different tests under customary law: - Personal family test - A personal kinship between employer and employee Economic reality test - where employee is economically subject upon an employer Control test - where employer determines the work to be done by employee Multi - factor test -Factors like the panache of remuneration, the provision and concern of equipment, the obligation to work, the hours of work and provision of holidays, the logical implication of income tax income and the delegation of work by the putative employee. Who will be the plaintiff in this case? What will be the plaintiffs arguments? `The plaintiff is a Person who initiates legal... If you want to get a all-inclusive essay , holy order it on our website: OrderEssay.net

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