Are you sure your ‘independent contractors’ are not ‘employees’?
Two recent cases have highlighted how important the distinction between ‘independent contractors’ and ‘employees’ is:
in one case, it was held that a plumbing business did not meet its superannuation guarantee obligations in respect of five of its plumbers that it had treated as independent contractors; and
in a case between a taxi driver and the owner of the taxi, the Fair Work Commission held that the relationship between them was one of employer/employee, and therefore the unfair dismissal laws applied to their relationship.
As a general proposition, an independent contractor provides personal services whilst working in and for his or her own business, whereas an employee provides personal services whilst working in the employer’s business.
Source: NTAA Newsletter
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