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?Gem Ltd has a number of different types of worker that perform services for it.?

The 'professionals' are highly-skilled individuals who perform services for clients of Gem Ltd at a range of?different locations owned by the company. Clients have the right to choose which professional they see and?at what time.

?The 'techies' are skilled technical workers that develop and maintain Gem Ltd's information systems. They?are not told what work needs to be done, but are expected to identify and solve problems that arise. The?order in which jobs are done and how the jobs are done is a decision for each 'techie'.?

The 'mechanics' are unskilled workers who maintain the fleet of Gem Ltd's company vehicles. They are?provided with the tools they need to do their job and are provided with a list of work that needs doing each?day.?

27

【論述題】

State whether the 'professionals' are employees or independent contractors?

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考點(diǎn)：Chapter8Contractofemployment

The issue regarding the 'professionals' is their integration with the company. Using the integration test, the courts consider whether the employee is so skilled that they cannot be controlled in the performance of their duties. In Cassidy v Ministry of Health 1951 a doctor was held to be an employee as they were selected for a particular task and integrated into the organisation to perform certain surgical operations. If patients had the right to choose the doctor, this would indicate that the doctor was not so integrated and they would have been treated as an independent contractor. It is therefore likely that the 'professionals' will be classified as independent contractors.

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Vlad generates a substantial income from illegal tax evasion and sought advice from Gloria (his personal accountant) on how to dispose of his illegal earnings. Gloria suggested that to disguise the source of the funds, Vlad should purchase a chain of restaurants and pass his gains from the illegal operation through the restaurants' accounts. Vlad agreed with Gloria’s proposal and appointed her as the restaurant chain’s finance director and together they passed the illegal money through the operation.

25

【論述題】

State the offence of money laundering.

State whether Gloria has any liability for money laundering.

State whether Vlad has any liability for money laundering.

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In January the board of directors of Huge plc decided to make a takeover bid for Large plc. After the decision?was taken, but before it is announced, the following chain of events occurs:?

(1) Slye, a director of Huge plc, buys shares in Large plc?

(2) Slye tells his friend Mate about the likelihood of the takeover and Mate buys shares in Large plc?

(3) At a dinner party Slye, without actually telling him about the takeover proposal, advises his brother?Tim to buy shares in Large plc and Tim does so?

28

【論述題】

?State whether Slye committed insider dealing when he bought shares in Large plc?

?State whether Mate has any liability for insider dealing?

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