- Hollis was hit by a bicycle courier wearing the uniform of Vabu, tried to sue with vicarious liability
- Was the courier an employee?
- You must look at the whole situation, not just the control test
- Consider factors such as the following;
- “The job allocated to the worker involves a low level of skill.
- The worker has little control over how he may do his job, the hours of his job or the conditions.
- The worker is presented to the general public as a part of the defendant’s organisation (for example, uniform).
- It seems as though the Defendant should be deterred from carelessness through the imposition vicarious liability.
- The worker’s payment scheme or holiday schemes are managed by the Defendant.
- The worker’s equipment is provided and maintained by the Defendant.
- The job performed by the worker is a main job of the Defendant and not some supplementary side task.”
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