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Weekly Assignmeny 1 Ahmed vs Taxi Company.docx

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Administrative Studies
ADMS 3420
Chris Sweeney

QUESTION 1: Ahmed vs Taxi Company Ahmed is a taxi driver. He works for only one company. He has signed a contract with them saying he is an Independent Contractor. He files his tax return stating he is an independent contractor. He owns his own taxi and can choose to work when he likes. He has the company name on the taxi and wears a uniform. He gets his fares through the company dispatcher. One night,Ahmed has his throat cut by a passenger.Amazingly, he survives but is not able to work for a number of months. The company sends him a nice fruit basket but says that since he cannot work they will be terminating his contract. 1) IsAhmed an Independent Contractor OR an Employee? After using the 5 steps technique in deciding if someone is an employee or independent contractor and referring back to other cases,Ahmed is found to be an employee. 2) How would you determine this? - Ahmed is required to report back to his dispatcher to receive fares, this shows that the taxi company did have control over his activities asAhmed would not be allowed to go and make his own rates to make extra money, which is very common with employees. - Ahmed only works for one taxi company. This shows the durability and exclusivity Ahmed has with the company. Ahmed does not have any other client and had no legal entitlement to his customers. That is, the customers he drives around belongs to the taxi company. Independent contractors would usually have more than one client they work for. - The taxi company provided tools forAhmed as he visibly displayed the company’s logo on his vehicle and wore the company uniform. In an independent contractor – organization relationship, the organization should not have provided a company uniform and endorsed there logo on the vehicle as if they owned it. In a customer’s eyes, the driver would seem to be an employee not an independent contractor. - Ahmeds services were integrated into the taxi companies business.Amends duties as a taxi driver are central and is the main focal point in the companies operation, this was also settled in the case of Belton v Liberty Insurance Co. of Canada, 200
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