StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Employment contract law - Coursework Example

Cite this document
Summary
It refers to the citation of the case or where the case can be found. 1999 refers to the year when the case was reported. ICR is the abbreviation for Industrial Case Report or the law report where such case was recorded. The number 693 refers to the page number. Such case can…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER92.3% of users find it useful
Employment contract law
Read Text Preview

Extract of sample "Employment contract law"

Download file to see previous pages

In the Agreement of Services signed by Mr. Tanton, particularly, Clause 3.3, negates the existence of an employer-employee relationship due to the existence of the provision to the effect that “In the event that the he is unable or unwilling to perform the services personally as required under such agreement, he shall arrange at his own expense entirely for another suitable person to perform the services. In addition, paragraph 13 of the schedule, stated that: “In the event that the contractor provides a relief driver, the contractor must satisfy the company that such a relief driver is trained and is suitable to undertake the services”.

Therefore, the element of control on the part of the employer on the employee was not present since Mr. Tanton can easily find his own replacement or substitute, who shall take his place to render the service in the event that he is unable to perform his personal obligation to the employer. Hence, the fact that Mr. Tanton has the power to send his substitute means that the contract of employment does not exist, making him self-employed contractor. 5. Express and Echo Publications Ltd. is only required to retain one driver to perform the functions of pick-up newspapers and deliver them at various points in Devon on a fixed run in a particular order dictated by the company.

In the case at bar, the reason for the termination of Mr. Tanton was due to redundancy. Hence, another person has already been performing the same functions done by Mr. Tanton which justified his dismissal from his position as a contractor. 6. The sources of English Law are case law or common law, and legislation or statutory laws. In the case at bar, several cases where cited which served as precedent to justify the decision rendered by the justices, where, “a statement of law made by a judge in a case can become binding on later judges and can in this way become the law for everyone to follow, or otherwise known as the “Doctrine of Precedent”

...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Employment contract law Coursework Example | Topics and Well Written Essays - 1000 words - 1”, n.d.)
Employment contract law Coursework Example | Topics and Well Written Essays - 1000 words - 1. Retrieved from https://studentshare.org/miscellaneous/1577164-employment-contract-law
(Employment Contract Law Coursework Example | Topics and Well Written Essays - 1000 Words - 1)
Employment Contract Law Coursework Example | Topics and Well Written Essays - 1000 Words - 1. https://studentshare.org/miscellaneous/1577164-employment-contract-law.
“Employment Contract Law Coursework Example | Topics and Well Written Essays - 1000 Words - 1”, n.d. https://studentshare.org/miscellaneous/1577164-employment-contract-law.
  • Cited: 0 times

CHECK THESE SAMPLES OF Employment contract law

Employment Law Problem Question: Contractual Terms, Contracts, Unfair Dismissal. United Kingdom law

Accordingly, employment contract is an agreement amid the employee and the employers that binds both employee and employer to certain specific terms and conditions articulated.... … Legal measures comprises of European Union treaties and other directives, British law, case laws, common laws of contract and statutory codes and practices.... Have the Contractual Right to Move Him and What Action He Can Take Against Them for the Manner in Which They Are Seeking To Implement the Transfer In order to advise Norman concerning the issue of his transfer, firstly it is crucial to understand the employment of law of contract in relation to the changes in the terms of contracts....
8 Pages (2000 words) Assignment

Qin Ling Mountains Management Plan

hellip; Since 2008, the employment contract law came to be implemented.... In addition, the Labor Disputes Mediation and Arbitration Law, and Regulations on the Implementation of employment contract law govern labor in China (China National Tourism Administration, 2013).... All players in the tourism sector are required to adhere to the requirements of the 112 Article Tourism law of the People's Republic of China that was passed by Congress in April 2013 and started its implementation on the 1st October 2013....
5 Pages (1250 words) Essay

Conceptual Crisis in the Common Law of the Contract of Employment

In the paper “Conceptual Crisis in the Common law of the Contract of Employment” the author examines the case in regards to Helen.... Therefore based on the laws of the UCTA 1977 Act, the defendant was awarded that which he was asking in the case due to the unreasonableness of the plaintiff's terms in the contract.... Furthermore, since the contract with the parking garage assigning parking privileges to employees seemed to be breached then the owners themselves have a liability to the defendant as has been stated....
3 Pages (750 words) Case Study

Employment Law - Independent Contract Case Study

The answer relies on the application of Internal Revenue Service definitions and rules, which is the basis for case law on the subject. Based on… The IRS advises that in analyzing the relationship, we should examine the behavioral and financial aspects of control that define the relationship within the context of the IRS definition of employee and The IRS defines an employee using existing common-law rules (IRS P-15a 4)....
4 Pages (1000 words) Essay

The Theory of Corporate Finance

The application of corporate finance theory will, therefore, will dwell in determining how real is the debate in relation to investment decisions in China under the new draft of Chinese employment contract law?... This paper "The Theory of Corporate Finance" aims to apply the corporate finance theory to the real-world problems by analyzing and discussing a finance media article from Financial Times which has direct relevance to any of the Corporate Finance theories taught in the course....
8 Pages (2000 words) Coursework

Employer of a Court Ruling that a Clause or a Contract Is a Sham

Specifically, the self-preservation clauses in such contracts may be introduced to blur the mutuality of… Generally, a clause that clearly denies any or two of the conditions required in a typical employment contract would, as a matter of principle, cushion the employer from costly but legitimate employee rights such as claims for unfair termination of the In most cases, sham employment contracts are the result of denial of mutuality by a provision indicating that the organization or employer does not offer any specific tasks and the alleged employee does not assume to do it (Cabrelli, 2014)....
12 Pages (3000 words) Essay

Analysis of Employment Contract in Sport Inc

The paper "Analysis of employment contract in Sport Inc" highlights that Ian had completed a year with the company.... Although Ian and Alf did not sign the written statement of employment, it is to be construed that they had accepted the terms of the employment contract.... It is very important to note that changing the contractual terms unilaterally, in the absence of the employee's acceptance, renders the employment contract null and void....
11 Pages (2750 words) Case Study

Common Law of the Contract of Employment

The case under discussion has all the hallmarks of a contract law dispute.... The paper "Common law of the Contract of Employment" demonstrates the reasons why the defendant's motion on the case should be overruled.... However, the law that binds the contract gives it its life and vitality to guide relationships and covenants.... The plaintiff fulfilled all these obligations yet the defendant proceeded to terminate her services to the law school in spite of the fact that the reason for termination was not of the plaintiff's making....
2 Pages (500 words) Case Study
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us