Employee Vs Contractor

Employee Vs Contractor

It is extremely important to know what your obligations, responsibilities, and liabilities are towards an organisation or company when you commence your employment. This important distinction as to whether you are an employee or an independent contractor can be a costly exercise to establish and can expose you to liability you may not have expected.

Hollis v Vabu Pty Ltd [2001] 207 CLR 21 tells us some of the important considerations that a Court will look to distinguish a relationship or obligation created between an employer and employee or an employer and contractor. Vicarious liability may result in an employer being held liable or responsible for damage or loss suffered or caused by an employee during the course of their employment. Vicarious liability generally does not apply in relationships between an employer and contractor. Before you commence employment with a company or organisation, you should understand the arrangements and obligations flowing as a result of the type of employment relationship that exists with your employer.

A Court may consider some of the following factors to support a relationship of employee and employer including but not limited to:

  1. If the employer exercises control over the hours worked, the manner in which the work is performed and the location of the work;
  2. If the worker only performs work for the employer;
  3. If the worker wears a uniform;
  4. If the worker presents themselves to the world as a representative of the employer;
  5. If the employee is provided tools and equipment;
  6. If the worker has their tax deducted from their pay;
  7. If the worker receives superannuation and other entitlements.

If you are an employee who believes their employer should be held liable for an act which occurred during your employment, causing loss or damage, or if you are an employer who believes you should not be held liable for the same, give Pannu Lawyers a call at (02) 920 1787 to receive expert legal advice on this issue. If you are concerned as an employee, contractor, or employer as to where your liability or responsibility falls about this issue pursuant to your agreement or contract, don’t make assumptions and seek out expert legal advice.

Recent News & Articles

Best Lawyer in australia