What is the distinction between employees and contractors?

In this week's edition of 'It depends', lawyer Elise Emmerson talks about the distinction between employees and contractors.

VIDEO TRANSCRIPT

Welcome to It Depends. Today I'll be talking about the distinction between employees and contractors.

How has the distinction between employees and contractors been decided historically?

Historically, the courts applied the multifactorial approach in determining whether an individual was an employee or contractor, and this involves looking at all of the circumstances between the parties and deciding whether the individual was an employee or contractor. So, some of the factors considered in the multifactorial approach included the control exercised over the individual whether training was provided, equipment was provided, whether the individual could delegate their work and the label that the parties gave to their relationship. So, the most famous case is probably the case of Hollis and Babu and this involved a