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Recent Employee or Independent Contractor Cases

Employee or Independent Contractor Case

[2018] FWC 4038 NSW Barratt-Hassett v PERC Group P/L (initially, the A accepted work with R and invoiced R – subsequently A accepted a formal employment contract, but claimed he was also an employee in the initial period he worked – it was finely balanced, but A held to be an employee from the beginning as he was not running his own business and establishing goodwill)

[2018] FWC 4285 Vic Seaver v Trade Fair @ Falls Creek (the A “was a skilled graphic designer who exercised a degree of expertise and autonomy in performing her work. She clearly did not require any direct supervision, but was simply provided with direction by email in regard to what was to be done in respect of each publication. She worked from home and did not have set hours. She was simply provided with direction by email, often close to deadline, and then was expected to do whatever was required to complete the work in accordance with those directions” @21 – A “generally earned around 80 percent of her income from her work with K C Bell Enterprises, although she also indicated that this figure might actually have been higher. However, she did have another part-time job, although this was unrelated to her work as a graphic designer. It also appears that she had some capacity to do other work, given she only worked for the Respondent for around 34 weeks each year, and the hours she worked appeared to be concentrated around publication times. KC Bell Enterprises indicated … it understood Ms Seaver did work on occasions for other businesses, but regardless it had no objection to whether this occurred” @22 – “there was nothing to indicate she advertised her services to the world at large, although it also appears there was nothing that necessarily prevented her from doing so” @23 – initially “she considered herself to be a contractor providing services to the business. However, in around 2010 she sought to change this arrangement in order to have PAYG deductions made from the invoiced amounts. She would accordingly then provide an invoice to KC Bell Enterprises for a total figure less PAYG. Her invoices also indicated ‘[n]o ABN – please withhold PAYG amount,’” @28 – A “provided an invoice after the work was completed in respect of each publication. She generally worked for around 34 weeks each year and did not receive any payment or remuneration in respect of those periods of time when she was not providing services related to the publication” @29 – A met all her own home office expenses and received no leave entitlements – A determined to be an independent contractor)

 

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