Xxxxxxxxx Activities. He had to fit in with the needs of the practice in many ways, from the times and days he was available to the way he conducted his own individual practice. Whilst I accept he had some freedom, it was not significant, and was not markedly different from the sorts of freedoms that employees of a similar seniority might enjoy. [46] However, it is important to identify the underlying reason for the control. A GP’s practice is a specialised environment, the operation of which is heavily governed by legislation and codes of practice. Being part of a practice with other GPs, nurses and other staff inevitably means that an individual GP cannot simply provide his or her medical services whenever and however she or he wishes. Any GP based in a single practice (as opposed to a peripatetic locum) has to fit in with the requirements of that practice. Therefore, the aspects of control that are attributable to the generic requirements of the role cannot be said to necessarily reflect the intentions of the two specific parties. [47] However, regardless of the cause of the extent of the control, the reality of the day to day relationship is that there was a greater degree of control over Xx. Xxxxxxxx’x day to day activities by the first respondent than one would expect in a genuine self-employed relationship. The control test therefore tends to suggest an employment relationship. The integration test [48] The integration test examines the extent to which Xx Xxxxxxxx was integrated into the respondents’ business. [49] Again, given the nature of a GPs role within a GPs practice, this test does not particularly assist in revealing the parties’ intentions. For example, the respondent says that Xx Xxxxxxxx did not have to wear a uniform, unlike his employees. However, his employees are nursing and administration staff and I believe it would be unusual for most practices in New Zealand to require their GPs to wear a uniform, even if they were employed. The difference is, I believe, more related to the difference in levels of seniority than their employment status. [50] On the other hand, the fact that the practice provided Xx Xxxxxxxx with all the equipment he needed does not necessarily point towards an intention to have an employment relationship as it would be quite impracticable for each self-employed GP to have to provide all of their own specialist equipment needed to carry out their day to day job. [51] There is a conflict of evidence between Xx Xxxxxxxx and Xx Xxxxx as t...
Xxxxxxxxx Activities. Lessee shall make active efforts to ensure that no act or omission, relating to Xxxxxx's activities, would in any way create a hazard to persons or property, or would otherwise serve to jeopardize or invalidate any policies of insurance or increase the premium rate(s) charged for any insurance carried on the Premises or Airport, or which would be in violation of federal, state or local laws, rules and regulations thereby subjecting the County or others to sanctions, fines or penalties impeding the operation of Airport. If such act or failure to act shall result in cancellation of any insurance policy, then Lessee shall, immediately upon notice by County, do whatever shall be necessary to cause reinstatement of that policy. Furthermore, if Lessee shall do or permit to be done any act not authorized hereunder or fail to do any act required under this Lease, regardless of whether or not such act constitutes a breach of this Lease, which causes an increase in premiums for any Airport insurance policy, Lessee shall immediately remedy such action and pay the increase in premiums, upon notice from County to do so; and, in any event, Lessee Hangar Lease 23238H Aces Aircraft Maintenance Inc 8 of 37 holds County xxxxxxxx from and against any expense and damages resulting from any action as set forth herein.
Xxxxxxxxx Activities. Grievance Committee men (and Grievance men when they are performing the duties of a committee member) will be afforded time off with pay, for up to the first hour only, for the time spent at Steps One and Two of the Grievance Procedure, where the Union and the Company are meeting and where notice has been given and permission granted by the Company. Letter of Understanding No. 8 further defines payment for grievance activities. (148)
