First, that the question whether the applicants worked under a contract of service or for services is a question of law and not of fact.
22.
Firstly, Judge Shaw was said to have " erred in saying that s 6 changed the tests for determining what constitutes a contract of service ".
23.
Under such circumstances, some employers use their discretion in determining the quantum to be paid whilst others invoke the termination clause in their respective contracts of service.
24.
An umbrella company is an employer and therefore all contractors working with them should sign a Contract of Employment, also referred to as a contract of service.
25.
Many served as indentured servants; they were required to remain in Louisiana for a length of time fixed by the contract of service to pay off their passage.
26.
The sole question that accordingly arises is whether the language most regrettably employed by the plaintiff constituted such conduct as made the continuance of the contract of service impossible.
27.
We do not read the judgment as establishing the proposition that before a contract of service can exist there must be the mutual obligations for which Mr . Blair contends.
28.
A contrary view might lead to the conclusion that all semi-skilled workers working at home in their own time and when they chose are employed under a contract of service.
29.
However, the British Columbia " Infants Act " ( RSBC 1996 c . 223 ) declares all contracts, including necessities and beneficial contracts of service, are unenforceable against an infant.
30.
I mean the objection that the learned judge did not distinguish between coercion to break contracts of service, and coercion to break contracts of other kinds, and coercion not to enter into contracts.
