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Unit 4: Relationship between employees, employer, independent contractors

Total questions: 20

Worksheet time: 13mins

Name
Class
Date
1.
An employer is liable for the torts of an employee if the employee was acting  _____ when the tort occurred.
a)
outside of the scope of employment
b)
within the scope of the employment
c)
like a fool
d)
intentionally
2.
Any party who hires an independent contractor may be liable for the independent contractor's torts if the work
a)
involves overtime
b)
is inherently dangerous
c)
requires professional skill
3.
Which of the following is not a duty owed by employees to employers?
a)
duty of obedience
b)
duty of reasonable performance
c)
duty to follow immoral but not illegal instructions
d)
all of the above are employee duties
4.

Party who engages another to work for pay under the former's control and direction.

a)

employee

b)

employer

c)

employment

5.
One who contracts to produce a specific work product without being supervised or controlled by the other party to the contract.
a)
independent contractor
b)
employee
c)
employment
6.
Legal relationship based on a contract that calls for one individual to be paid for working under another's direction and control.
a)
employment
b)
employment at will
c)
employee
7.

The obligation to look out for the best interests of the employer

a)

duty of obedience

b)

duty of reasonable performance

c)

duty of loyalty and honesty

8.
The obligation to perform the job tasks with competence
a)
duty of reasonable skill
b)
duty of obedience
c)
duty of reasonable performance
9.
Obligation to obey the reasonable orders of the employer
a)
duty of reasonable skill
b)
duty of reasonable performance
c)
duty of obedience
10.

Employment relationship whereby employee may be discharged at any time because no agreement was made about length of employment

a)

employment

b)

employment at will

c)

wrongful discharge

11.

An agreement between an employer and an employee

a)

Contract of Service

b)

Contract for Service

12.

Tick ALL that apply for a contract for service.

a)

not covered by the Employment Act

b)

Has an employer-employee relationship

c)

has a client- contractor type of relationship

d)

Contractor carries out business on their own account

e)

Includes terms of employment such as working hours, leave benefits, etc

13.

Tick ALL that apply as examples for the Control Test of employment.

a)

Who pays for employees' wages and in what ways?

b)

Who is responsible for the provision of work?

c)

Who determines the production process, timing and method of production?

d)

What does the contract say?

e)

Is the employee's work integrated into the test

14.

Another name for the Multiple Test is

a)

Economic Reality Test

b)

Integration Test

c)

More than One Test

d)

Employment Law Test

15.

The Multiple Test has _______ parts/conditions.

a)

1

b)

2

c)

3

d)

4

16.

Ready Mixed Concrete (SE) ltd v Minster of Pensions and National Insurance is a case for:

a)

Control Test

b)

Multiple Test

c)

Integration Test

17.

Somervell and Denning LJJ in Cassidy v Ministry of Health is a case for:

a)

Control Test

b)

Integration test

c)

Multiple Test

18.

A legal entity that controls and directs a servant or worker under an express or implied contract of employment and pays (or is obligated to pay) him or her salary or wages in compensation.

a)

employer

b)

employee

c)

contractor

19.

The first test used in the 19th century to distinguish between an employee and a self employed contractor was the _______________.

a)

Control Test

b)

Integration Test

c)

Multiple Test

20.

Tick ALL that apply: The control test represents the ideas that ______________.

a)

An independent contractor is more likely to carry out their work self sufficiently rather than an employee

b)

Workers who are under close supervision and monitoring are more likely to be classed as employees

c)

The employee had a contract

d)

The employee's work was integrated into the business