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Upon the completion of his studies, he commenced his own business that was involved in providing supplies to Moore Limited and all the payments were made directly…
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Download file to see previous pages Moore Tires offered Jonathan, who was an employee and owner of Morecedes Tires an employment opportunity that he agreed to. While conducting his routine responsibilities within the new job, the claimant was an employee of Moore Tires and not Morecedes tires, where he had previously worked. While undertaking his duties there, the claimant was injured and sustained significant injuries to his body. As Jonathan was unhooking a trailer, a jack handle from the trailer struck him. He suffered from various broken bones on his face as well as a detached retina. Despite having sustained injuries while undertaking his routine activities, Jonathan was not compensated by Moore tires for these injuries.
To determine the status of employment of the claimant to the organisation (Moore Tires), during the time when he sustained injuries, and whether he was undertaking the job that he was supposed to be doing within the company.
The kind of claim that Jonathan is seeking can only be made to individuals who are employees of the company and this can be proved. The form of agreement that the claimant had with Moore Tires has not been clearly defined as a formal agreement or an informal agreement. As the proprietor of Morecedes Tires, the claimant had been undertaking other duties assigned by Moore Tires and was paid through Morecedes, which was an independent company. The activities that he was undertaking when he sustained the injuries could similarly be on the same capacity and this has not been defined. The employment contract must be produced to show evidence that the claimant was actually an employee of Moore Tires and not an independent contractor.
There is also need to determine the employer’s right of control in the work relationship that existed between the claimant and the employer (Miller, 2012). If the control of the employment terms and condition of work lies within the employer, then the claims that are being made by ...Download file to see next pagesRead More
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