Essay Employee Contractor Case Study

1728 Words Aug 20th, 2014 7 Pages
Queensland University of technology | Employee-Contractor Case Study | By Monil Mehta | | Word Count: 1450 | 8/21/2014 | n8911941


1.0 Introduction
The main purpose of this report is to distinguish and provide evidence to the fact that Anne Parish, a former employee at Ace Accident Insurance in Cairns was treated unfair by her former employer. In employment relations all employees should be treated and remunerated fairly, irrespective of them being an independent contractor or an employee (Fair Work Act, 2009).
In this report it shall be determined whether Anne Parish was an employee or an independent contractor to Ace Insurance
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Anne was also insistent of the fact that she won’t go to the office on a daily basis as she was self-employed. She controlled her remuneration and had her own transport. All of these points suggest that Anne had been a contractor to Ace Accident Company.
The multi-factor test is not always accurate and depending from case to case it shall be determined and different indicia should be valued differently upon different situations. 3.0 Argument for Anne Perish Being a Contractor
In Anne Parish’s case taking into consideration all the factors of the employability test it is revealed that she has a contract for service, only for which she is remunerated. Therefore she is considered as an independent contractor. But there are many criteria’s such as tax cut, reporting relationship and liability of sick leave on Anne which indicates her an employee as well. 4.1 Duties Performed and Control
The amount of input put and the reporting relationship between Anne and Ace Accident Company is evident to Anne being performing duties as like the employees of a company. Anne had to provide a report on a daily basis about her productivity and efforts put to sell policies. Although being an independent contractor she had no legal obligations to establish reporting relationship: Zuijs v Wirth Bros Pty Ltd. (1955). She was subjected on not submitting the daily reports on being sick for which she had to provide a medical certificate as an evidence, which shows an

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