Business Law Assignment: Employment Law
EMPLOYMENT LAW ASSIGNMENT ADVISE JOHN: John is a sports photographer and journalist with the country newspaper and has worked there for two years. He supplies the paper with photographs and an article of 250 words per week on local matches. The company supplies John with a computer, printer, paper and any other materials he requires, but he has no office on the company premises. He is paid monthly by the company while the other workers from the company are paid weekly , all other matters relating to the tax and social insurance are john`s responsibility so there are no PAYE or PRSI deductions made. John is permitted to publish articles for other papers as long as he seeks and obtains prior approval from the editor of the county news, sometimes …show more content…
The contract states that the owner driver of the truck has to be available at all times for collecting carrying and delivering materials on behalf of the company. The plaintiff had to wear the ready mix uniform in order to comply with the rules that they enforced, the company ready mix claimed the plaintiff was for services although it was held judge McKenna that “control includes the power of deciding the thing to be done, the way in which it shall be done, the means to be employed in doing it, the time and the place where it shall be done. All of these aspects of control must be considered whether the right exists in a sufficient degree to make one party a master and the other his …show more content…
The agreement expressed that the plaintiff was not an employee of Denny but rather an independent contractor, and the contract stated that the plaintiff was to be responsible for their own taxes and fees were discharged by Denny on a fortnightly basis on the production of completed invoices. The plaintiff was under the impression that they were employed by Denny and it was at that point the dispute arose and had to be settled in the court. In order to decide whether the plaintiff was regarded as performing services for himself can be determined by answering the following criteria; once these questions were answered it was found that the plaintiff was in fact an employee of the
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873 Words | 4 PagesLabor Practice Paper Angelia Henry PHL/320 May 2, 2016 Bridget Peaco Labor Practice Paper Merriam-Webster online defines a sweatshop as a shop or factory where employees work long at a low wage that is under poor and unhealthy conditions (Merriam-Webster On-line Dictionary, 2016). Sweatshops are factories that violate two or more labor laws to include wages, benefits, child labor or even working hours (Ember, 2014-2015). Companies will attempt to use sweatshop labor to lessen the cost to meet the demands of customers. When we think of sweatshop, we always want to look at third world countries and never in our own backyard. In 2012, the company Forever 21 was sued by the US Department of Labor for ignoring a subpoena requesting the information on how much it pays its workers just to make clothes (Lo,
The Case Of Gerry Dinardo Continue A New Contract At Vanderbilt University
984 Words | 4 PagesFACTS In December of 1990, Gerry DiNardo was hired as the head football coach by and for Vanderbilt University under a five-year contract. Under this contract, “liquidated damage provisions” were outlined for both parties, with section 8 of the employment contract specifically detailing the liquidated damages he should owe to the plaintiff/appellee should he terminate his five-year contract with Vanderbilt and be “employed or performing services for a person or institution other than the University” within the five-year term of the aforementioned contract. In August of 1994, the Athletic Director for the University, Paul Hoolahan, offered the defendant/appellant a two-year extension of the contract. An addendum was drawn up by Vanderbilt’s Deputy General Counsel that would extend
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