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Jayne and Kaylee (New Tests (Field of Activities (Established in Mohamud v…
Jayne and Kaylee
New Tests
Lister v Helsey Hall
Whether the acts of the employee are so closely connected with his employer that it is fair and just to hold the employer liable?
Jayne's work is closely connected to that of the company as all parties involved have a connection to it that it would most likely be regarded just and fair to hold the employer liable
Welfare Risk
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In a situation where D is in a position to use the tortfeasor to further his business and he has done so in a way that creates a risk, they are likely liable
This test does not apply as Jayne has not be told to do his job I such a way that it would cause a welfare risk
Control and Supervision
JGE v Trustees of Portsmouth RCD Trust - It was decided that his job was under the control and supervision of the court and was connected so closely that the church were liable
Jayne is under the supervision and control of the supermarket and is so closely connected that it would be logical for them to be liable
Field of Activities
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2) Whether there is a sufficient connection between the position in which he was employed and the wrongful conduct to make it right for the employer to be held liable under the principle of social justice?
As the facts in the case of Jayne and Mohamed follow very similarly, it is likely that the employer would be held liable. There is also a sufficient connection between the position with which he was employed and the wrongful conduct to make the supermarket liable under the principles of social justice
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Tests for employment
Control Test
'An employee is a person subject to the command of his employee as to the manner in which the small work' - Yewen v Noakes
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Jayne, as a cashier, is likely told what/how to do her job as it is likely that she would have had training
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Multiple tests
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3) Mutuality of obligations - Do the two parties have obligations to each other? (Carmicheal v National Power)
In this test, Jayne, as a cashier is under the control of her employer, the work cannot be delegated and the to parties do owe obligations to each other such as salary. Therefore they would be considered as an employee under the multiple test
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Jayne, a cashier, hears a customer yelling at Kaylee. She is rather protective of her and rushes over and berates him. They refuse to back down, and so Jayne hits him, breaking his nose