ADMS 2610 Lecture : The Law of Business Relationships - Chapter 19 - The Employment Relationship
Document Summary
Part #4 the law of business relationships. Nature of the relationship: fourfold test, organization test. Duties of the employer: occupational health and safety, employment standards legislation, human rights legislation. Employer liability: third parties, employee s injuries. viewed it as a bargain struck between master and servant. Employment contract: requires the essential elements of a contract. Issue: employment relationship or not: employee or independent contractor. Fourfold test: ownership of tools, control, chance of profit, risk of loss, replaced the simple control test, still had limitations so they added the organization test. Organization test: a test for employment based upon an examination of the services in relation to the business itself. are they an integral part of the business or something adjunct or. Checklist of employment factors: fourfold test. overall integral part of business [high: if these tests are not met, then the person may be an independent contractor.