Question
Hi Can someone help me with these Canadian Business Law case study Template Questions for the Week 11 Case Study do your best to answer
Hi Can someone help me with these Canadian Business Law case study
Template Questions for the Week 11 Case Study do your best to answer her questions in as much detail as possible by first explaining the law and then applying the law to her situation (the facts.)
Bobbie Businesswoman calls herself a freelance designer. Her expertise is in package design.
Although she has had seven clients in total over her 6 years in the business, 97% of all the work she has ever done is for Chester's Cheeses - a cheese importation company that sells bulk cheeses to franchised restaurant chains. Her job is to design packages for the repacking of bulk cheese that has the franchise customer's logo on them while still complying with all packaging and labelling laws in Canada and the USA. Chester's keeps her very busy and pays her well. She charges Chester's $85 per hour for her work and usually has more than 40 hours of work to do for them each week. She doesn't have time to pursue or service other clients. After approval, she sends her work directly to the packaging manufacturing company Presto Packs Inc. Presto delivers the shipments of packing materials directly to Chester's and bills Chester's directly. Bobbie is not even sure what Presto is charging for the various packages. Bobbie has a home office and all her own computer and printing equipment. She pays for her software and any computer upgrades. Chester's supplies her with the logos and packaging requirements from time to time. She has no direct contact with Chester's customers. She goes into the Chester's Cheese offices once a month to drop off her invoice for the month and pick up her cheque from the last month. The amounts are almost always the same. Every few months she gets a rush job and puts in extra hours. She has an agreement with Chester's that when she gets a rush job like that, she gets to charge $125 per hour for the extra time each week it takes. Chester's always pays her invoices without question on the 30th day after issue. Bobbie has never had to ask for payment. It is always there waiting for her. She has become friends with accounts payable clerk, Charlotte Chequebook, who she sees every month when she goes in.. She meets once a year with Bruce Buyer, the purchasing agent, to discuss her hourly rate. She shows him the cost to renew all her software licences, provides a list of the new computer equipment she needs, briefly discusses if they are satisfied with her designs - they always are - and she confirms that they will always come first as a customer and Bruce confirms that they will be keeping her busy at the same 40 hours per week, and will pay her the premium rate if she has to put in extra time. They never sign a contract, which has always surprised Bobbie. Bobbie meets with her accountant, Delores Details, every February and delivers over her Quickbook files. Delores always files Bobbie's income taxes as an independent business with all income coming from business. Bobbie likes all the deductions and sets aside 10% of her total income every year to make sure she has enough to pay her taxes. At the end of this year she was asked to come in for her annual meeting with Bruce. She arranged it on the last day of the month to drop off her invoice and pick up her cheque. This time when she came into the offices, Charlotte had tears in her eyes. When Bobbie saw Charlotte, she asked if she was alright. Charlotte said, "I'm sorry. Here is your cheque. It has a little something extra in it." Then she went into her office quickly and closed the door.
Bobbie went down the hall to Bruce's office. He sat her down and explained, "With COVID-19 we have had a slowdown. We have to cut costs. We won't be renewing your contract. Your cheque is payment for last month, this month and a little something to help. You do good work I am sure your business will be fine. Good luck."
He silently walked her to the door, said "Thank you." and "Goodbye."
Bobbie is devastated. She doesn't know what to do. She calls you for coffee to talk. She tells you what happened.
Template Questions for the Week 11 Case Study do your best to answer her questions in as much detail as possible by first explaining the law and then applying the law to her situation (the facts.)
Questions related to Canadian Law
1. Explain in detail the Four Fold Test - what it is, what it does and what the four elements are.
2. Explain the Organization Test - what it considers and how it is applied
3. Using the Four Fold Test and the Organization Test, explain in detail if Bobbie is an employee or an independent contractor.
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