View attached explanation and answer. Let me know if you have any questions.
EMPLOYMENT LAW 2
Contract of service vs. a contract for service test
Control tests will determine Brendan’s contract with the first medical organization. This
examination entails the evaluation of Brendan’s eligibility for Hours of labor, Compensation
structure, delegation authority, Provision of apparatus, Annual vacation entitlement, Method of tax
payment, and the parties’ trust in their operating arrangement
The assessments obtained from the above entities will then be used in the determination of
right violations against Brendan (Batainehet al., 2017). The control check distinguishes between a
carrier settlement and a provider settlement. A provider settlement is a partnership between a
worker and an organization. However, a service contract between an employer and a contractor
(Batainehet al., 2017). In this case, the court will administer the control test using the following
questions: Can the employee be advised what to do by the first medical group? In other words,
does the business manage the employee? (Batainehet al., 2017). Bredon is contracted to execute
different nursing functions for the first medical group in this instance and hence is a part-time
From the tests and evaluations of the Employment Rights Act of 1997, the following will be
determinants of the contract status of Brendan.
Period of working: Brendan has worked for the first medical group for more than five years,
making him an entitled employee to the organization. Hours of working: Brendan is entitled to
fixed working hours with no independence of working (Citizens Information, n.d.). This indicates
that he is working as an employee. Payments: Brendan is entitled to a fixed daily salary which is
released at the end of the month. Besides, failure to work means a deduction of his payment
(Citizens Information, n.d.). Additionally, the nature of work that Brendon works on is to be
conducted by an employed nurse (he is a registered nurse). In this case, he is working as an
employee. Dictation of working: Brendan is told what to do and who to engage with. This means
EMPLOYMENT LAW 3
he is working on general practice contracts, thus an employee and part of the first medical group.
More importantly, Brendan is part of a workers union that incorporates organizational employees.
Yes, Brendan will have a justified case for unfair dismal against the first medical group
working as an employee. According to the unfair Irish dismissal and Employment Rights Act of
1997, an unfair dismissal entails the cancellation of an employment contract with unexplainable
reason or lack of enough evidence for the reason of dismissal (Citizens Information, n.d.). For this
case, Brenda will file a case with the following argument against Alex: dismissal without a warning
and explanation, dismissal based on unverified evidence, dismissal from work due to trade union
engagement. The 1996 employment rights law dictates that the dismissal process should entail a
30 days’ notice before employment cancellation, p…
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