Queensland University of technology | Employee-Contractor Case Study | By Monil Mehta | | Word Count: 1450 | 8/21/2014 | n8911941 | 1.0 Introduction The main purpose of this report is to distinguish and provide evidence to the fact that Anne Parish, a former employee at Ace Accident Insurance in Cairns was treated unfair by her former employer. In employment relations all employees should be treated and remunerated fairly, irrespective of them being an independent contractor or an employee (Fair Work Act, 2009). In this report it shall be determined whether Anne Parish was an employee or an independent contractor to Ace Insurance …show more content…
| | Yes | Do you supply or maintain your tools or equipment? | | Yes | Do you work standard hours? | | No | Are you paid according to task completion, rather than receiving wages based on time worked? | | Yes | Do you incur any loss or receive any profit from the job | | Yes | Do you accept responsibility for any defective or remedial work that was your doing? | | Yes | Are you free to work for others at the same time? | No | | Do you accept that work lasts for the term of each particular task or contract? | No | | Do you have the right to employ or subcontract any aspect of your work to another person? | No | | Do you have the right to employ an apprentice or trainee in the execution of contracts? | No | | Do you understand the arrangement as a contract for services? | | Yes | Is tax deducted by your hirer from your pay? | | No | Do you provide your own public liability and sickness and accident Insurance Cover | | Yes | Do you receive paid holidays or sick leave? | | No | Do you render tax invoices for payment? | | Yes | Do you file GST returns? | | Yes | Source: Australian Business Lawyers & Advisors, 2011 Summing up the common law test Anne has a contract for service, which makes her an independent contractor. Anne Parish had signed a contract for employment with Ace Insurance Company which
Additionally, it is clarified that contracts falling within the scope of the Act shall contain certain provisions allowing the contracting officer to terminate, by written notice, the contractor’s right to proceed with the work should it be found that the wages being paid by the contractor are less than the prevailing wage. Should termination be necessary, the contractor can be held liable for any excess costs incurred by the Government to gain a new contract or otherwise have the work
Lyn may hire employees to work in the Main St. Computer Store that she manages despite the fact that her employment agreement with Main St. says nothing about her being able to hire employees. This is
On Thursday, 10/22/2015 the claimant stated he reported for work pain-free and was not suffering from any pain or discomfort from four other work related injuries that he reported as claims and received judgments. The claimant was unable to account for the real dates of his past work-related injuries that occurred between 2010 and 1/2013. The claimants past industrial-related injuries ranged from a left wrist injury, head injury and two separate right wrist injuries which he says did not include any injury to any other body parts.
b. Rationale for your decision: Tom will not be covered because he works for an independent contractor (Eagle Electrical Company). Eagle Electrical Company should be responsible for Tom’s compensation coverage not the local business where he became injured.
For a contract to be covered by this order it must have the categories above and the wages of employees must be governed by few of these acts such as the Service Contract Act, Fair Labor Standards Act, and Davis-Bacon Act. Then there are those who are subcontractors that are consider covered contract are require to provide paid sick leave to those employees that are working and on the contract.
Respondent sought compensation from her employer Comcare under the Safety Rehabilitation and Compensation Act 1988 (Commonwealth). It was argued that she suffered injuries during the course of her employment.
The hiring party’s right to control the manner and means by which the product is accomplished.
Mr. Cintron said the claimant was a full-time employee. Mr. Cintron said he did not have the claimant’s exact date of hire and did not know if the claimant had concurrent employment or outside work aside from his full-time employment with the insured.
The parties agree and understand that Contractor is an independent contractor for all purposes and is not an employee of Company. No rights or benefits of employment apply to the relationship between the parties. The parties also agree and understand that the Contractor controls the means and methods of performance under this Agreement. Neither the Company, nor any of its representatives, has
In July 1997, Geneva Hager, an Allstate policyholder was involved in a rear end auto accident resulting in neck and back injuries. The claimant’s auto insurance paid out to Allstate and Ms Hager, his policy limit of 25,000 for body injury. Therefore in December 1999, her claim was closed with Allstate and her
1. Occupation and working ability of the Claimant, if this has changed, since the injury, previous occupation of the Claimant.
This insurance coverage case stems from a fatal car accident in Helena. Respondent Joel Powers, while driving his mother’s 1990 Eagle Summit, struck Benjamin Homan while Homan was on a bicycle. Power’s mother insured the 1990 Eagle Summit through Mid-Century Insurance Company (“Mid-Century”). Powers received a defense pursuant to that policy, and Mid-Century paid the applicable policy limit under Powers’ mother’s policy to the Homan Respondents. Powers also, however, had a separate Mid-Century policy that insured his 1996 Nissan truck (which was not involved in the accident). This case concerns the Mid-Century policy that insured Powers’ 1996 Nissan truck.
Both the employer and employee have rights in this situation. The employee has the right to change jobs; the employer has the right to hire whoever they want. Both parties are also responsible to honour any contracts, as well as any rules set down by the franchisor. This is where an overlap of the two ethical theories deontology and contractualism happens. The overlap comes into play because both parties are responsible for the shared agreement, which in this case would be the employee’s contract with his existing employer, and the contract/rules set down by the franchisor.
For each task set out in a work place, time frames for jobs to be completed are created in order for
According to the Bid Manger, at the outset consortium members reviewed the “Local Authority Requirement" and decided on the strategies to meet them. For sustainability, the decision was to achieve BREEAM “Excellent” on the new-built projects, and “Very good” on the refurbishment. The consortium also decided to exceed the authority’s planning requirements of 10% renewable energy generation. Two biomass boilers were installed on the two new-built PFI projects which provided around 98% of their heating requirement. The team was, therefore, able to achieve 24% renewable energy generation across the estate. The team also introduced further improvements to the buildings insulation and achieved