Question
Satwant worked as an employee driver of Reliable Truckies Pty Ltd. The staff at this company were instructed to comply with a work system designed
Satwant worked as an employee driver of Reliable Truckies Pty Ltd. The staff at this company were instructed to comply with a work system designed by Reliable Truckies Pty Ltd in the execution of their tasks. Due to pressure of the very competitive market the company decided to terminate the services of all its drivers and did not wish to employ any drivers again. All the members of staff whose employment was terminated were offered the opportunity to set up their own companies, which would then enter into contract with Reliable Truckies Pty Ltd to provide services in their own right. This was considered to be a more viable option for the company. LAW6000 Assessment 2 Case study analysis Satwant took up this opportunity and formed his own company "Kwic Transport Ltd". He purchased his own truck and worked for his company following the work system that had been designed by Reliable Truckies Pty Ltd. He did not take out any employee insurance. After three months, while delivering goods under his company's contract with Reliable Truckies Pty Ltd, he injured his leg when unloading good from the truck. He sued Reliable Truckies Pty Ltd for his injuries, stating that he had followed their work system. REQUIRED: Using the IRAC methodology of legal analysis, advise whether Satwant can sue his own company and, further, whether he will succeed in his action against Reliable Truckies Pty Ltd. Support your answer with appropriate case law.
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