Independent Contractor Or Employee?

The importance of characterising an employment relationship correctly

The Australian Industrial Relations Commission (AIRC) recently found that a worker who invoiced a company for book-keeping and other office duties and declined offers of employment was an employee rather than an independent contractor. The AIRC considered the substance of the worker's relationship with the company and identified a number of factors which were indicative of an employment relationship. In rejecting the respondent's submission that the employee was a contractor, the AIRC allowed the worker to proceed with an application for relief for failure to give paid notice of termination of employment.

The facts and decision