材料全屏 Gem Ltd has a number of different types of worker that perform services for it. The 'professionals' are highly-skilled individuals who perform services for clients of Gem Ltd at a range of different locations owned by the company. Clients have the right to choose which professional they see and at what time. The 'techies' are skilled technical workers that develop and maintain Gem Ltd's information systems. They are not told what work needs to be done, but are expected to identify and solve problems that arise. The order in which jobs are done and how the jobs are done is a decision for each 'techie'. The 'mechanics' are unskilled workers who maintain the fleet of Gem Ltd's company vehicles. They are provided with the tools they need to do their job and are provided with a list of work that needs doing each day. 27 【论述题】 State whether the 'professionals' are employees or independent contractors
【参考答案及解析】
The issue regarding the 'professionals' is their integration with the company. Using the integration test, the courts consider whether the employee is so skilled that they cannot be controlled in the performance of their duties. In Cassidy v Ministry of Health 1951 a doctor was held to be an employee as they were selected for a particular task and integrated into the organisation to perform certain surgical operations. If patients had the right to choose the doctor, this would indicate that the doctor was not so integrated and they would have been treated as an independent contractor. It is therefore likely that the 'professionals' will be classified as independent contractors.
The issue regarding the 'professionals' is their integration with the company. Using the integration test, the courts consider whether the employee is so skilled that they cannot be controlled in the performance of their duties. In Cassidy v Ministry of Health 1951 a doctor was held to be an employee as they were selected for a particular task and integrated into the organisation to perform certain surgical operations. If patients had the right to choose the doctor, this would indicate that the doctor was not so integrated and they would have been treated as an independent contractor. It is therefore likely that the 'professionals' will be classified as independent contractors.