Thirteen-year saga over tax status of delivery staff has important implications for workers in the gig economy
Delivery drivers for a pizza restaurant should be treated as employees and not contractors, the Supreme Court has found in a decision that has important implications for workers in the gig economy.
Karshan appealed a 2018 decision of a Tax Appeals Commissioner that the delivery drivers should be treated as PAYE workers. The High Court rejected that appeal, but the Court of Appeal, in a 2-1 majority, overturned that decision.HealthBeacon races to keep lights on as medtech burns through cash Karshan’s “theory of mutuality of obligation” was that mutual commitments had to present some type of continuity and to have a forward-looking element. It also argued there had to be an obligation on the part of the employer to provide work and there had to be an obligation on the part of the employee to perform work.He said the question of whether a contract is one “of” or “for” services should, having regard to well-established case law, be resolved by reference to five questions.
Regard must also be had to whether the arrangements point to the putative employee working for themselves or for the putative employer. While there were some features of their activities that were consistent with their being independent contractors engaged in business on their own account, the Commissioner was entitled to conclude that the preponderance of the evidence pointed to the drivers carrying on Karshan’s business rather than their own, he found.
Malaysia Latest News, Malaysia Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
No More Soggy Bottoms: First Formula for Perfectly Proportioned Pizza Has Been RevealedThe website for Irish women
Read more »
PSNI chief won't appeal disciplinary court decisionThe new PSNI Chief Constable has decided not to appeal a court judgement which helped propel his predecessor out of office.
Read more »
Ciarán Cannon sues motorist in High Court after being knocked off bike in GalwayFine Gael TD and cyclist Ciarán Cannon seeking at least €60,000 in compensation for injuries sustained in 2021 crash
Read more »
Bosco presenter faces massive legal bill after losing court battle over hedgeGertrude Garrow - who appeared on the 80s kids show - clashed with her demolition boss neighbour, Gary Short, 57, after bringing in a mini-digger and a team of workers to uproot a hedgerow
Read more »
Court appoints provisional liquidators to heating control installerClimote’s offering allows customers to control their home heating via an app on their phone
Read more »
High Court dismisses environmental group’s challenge to agri-food sector strategyFriends of the Irish Environment sought to quash Food Vision 2030 on grounds it was not subjected to adequate environmental impact assessments
Read more »