State whether the 'techies' are employees or independent contractors
【参考答案及解析】
The issue regarding the 'techies' is the degree of control the company has over them. Using the control test, a court will consider whether the employer has control over the way in which the employee performs their duties. Where it appears that the 'employer' may control how the 'employee's' duties are performed, then they will be treated as an employee; Mersey Docks & Harbour Board v Coggins & Griffiths (Liverpool) 1947. Gem Ltd has very little control over how the 'techies' do their work and therefore they will be classified as independent contractors.
The issue regarding the 'techies' is the degree of control the company has over them. Using the control test, a court will consider whether the employer has control over the way in which the employee performs their duties. Where it appears that the 'employer' may control how the 'employee's' duties are performed, then they will be treated as an employee; Mersey Docks & Harbour Board v Coggins & Griffiths (Liverpool) 1947. Gem Ltd has very little control over how the 'techies' do their work and therefore they will be classified as independent contractors.