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Managing Workplace Relations

Issue

• Discuss the test to determine whether a person is an employee or an independent contractor?
• Apply the test in the given case
• Make a judgement as a court would do

Legislation-

Precedents

Application

1. Deciphering a difference between an employee and an independent contractor (IC) is difficult. There isn’t any full-fledged rule to decide who is an employee and who is an IC. However, to rectify this confusion, the Courts of Australia have adopted a multi-factor test. In this, the court places more weightage on the facts of the case, especially who have the reigns of work that is to be performed. In the end, it is the court that decides who is an /employee and who is an IC. It takes notice of all the factors that whether the IC falls under tax or superannuation laws, or does the person has an Australian Business Number (ABN), do the person ha....