Archive | Contractor

Employee or contractor? The Fair Work Commission apply the legal framework in a recent case

A recent decision[i] of the Fair Work Commission has clarified the legal principles which are used by the Fair Work Commission to determine whether a relationship is that of employer and employee or principal and contractor. Background The Worker (the Worker) performed work for a nursing service (the Business). The initial decision concerned whether the […]

Employer or Independent Contractor? Court Provides Insight Into Classification in Multiparty Arrangements

A full bench of the Victorian Supreme Court reversed an earlier decision of a single Judge who held that a worker was an employee and not an independent contractor. The Court considered and applied the common law test for an employee in the context of a multi-party arrangement. The Facts George Barca (Mr Barca) worked […]

Truck Driver Misclassification Proves Costly for Employer

In a case that demonstrates the pitfalls of misclassifying employees as independent contractors, the Full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a company for almost 40 years. Originally, the trial judge held in 2018 that the two men were contractors and […]