Facts of the Case: -
Mr. Andrew Li, a post-man, while leaving a building in Carlton, was knocked over by a bicycle courier, Mark Spice, who did not identify himself but was wearing a green jacket with gold lettering which read "Fastest Couriers" which is the trading name of Fastest Couriers Pty Ltd. The company conducts an inner-city courier business.
Mr Andrew suffered serious injury to his knee and brought proceedings against Fastest Couriers Pty Ltd. Mr Andrew's main argument was that Fastest Couriers Pty Ltd should be responsible for the negligence of its courier. Mr Andrew argued that an employer is responsible for the acts of his or her employees, when the acts complained of occur in the ordinary course of employment.
Based on the information provided, outline the issue(s) and the relevant legal rules which can be used to solve the issue(s).
The issue above is whether Mark Spice is an employee of Fastest Courier Pty Ltd and whether Fastest Courier Pty Ltd is liable to Mr.
Andrew on behalf of its courier Mark Spice. We are required to establish employment in this case which can be done by the following different tests under common law: -
Personal relationship test - A personal relationship between employer and employee
Economic reality test - where employee is economically dependent upon an employer
Control test - where employer determines the work to be done by employee
Multi - factor test -Factors like the mode of remuneration, the provision and maintenance of equipment, the obligation to work, the hours of work and provision of holidays, the deduction of income tax and the delegation of work by the putative employee.
Who will be the plaintiff in this case? What will be the plaintiff's arguments?
'The plaintiff is a Person who initiates...