Court Applications

Court Case Application

applying an application of the case to my organization, which is federal government or to an organization which I am familiar  and Summarize the similarities and differences found in each team member’s application to the organizations. Make sure you include the implications for businesses not complying with the case law.

Your business is a retail business. The case law namely Nelson v. Yellow Cab Company relates to establishing the right of control over the cab drivers, in particular over Nelson. The court considered if the company had the right to control over Nelson. It used the test of whether the company had the right to dictate the method of work, the right to direct the person who performed the work, In particular the court examined if company had the evidence of the right or exercise of control, the method of payment, the furnishing of equipment, and the right to fire. In short these factors were used by the court to determine if the provisions of the Workers Compensation Coverage applied to the Yellow Cab. These factors were used to test if Nelson was an independent contractor or an employee.

In case of your retail company if there are workers in your organization that have been employed as independent contractors but the employer has the right to control, the store owners are bound to pay compensation in accordance with the Workers Compensation law. This is the direct application of the court case to your business. If the retail business does not subscribe to workers' compensation insurance, or does not pay compensation to "contract workers" over whom it has right to control, the employer may be taken to court and may have severe financial penalties imposed on it.

Let us consider the present case. The company is required to pay off the cost of funeral arrangement and compensation for the loss of son/brother. The reason is that company had scheduled the employee for an 18 hour shift even though he had signed while joining...