Employee Contractor Case Study Essay

1743 Words Aug 17th, 2014 7 Pages
Queensland University of technology | Employee-Contractor Case Study | By Monil Mehta | | Word Count: 1450 | 8/21/2014 | n8911941

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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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| | Yes | Do you supply or maintain your tools or equipment? | | Yes | Do you work standard hours? | | No | Are you paid according to task completion, rather than receiving wages based on time worked? | | Yes | Do you incur any loss or receive any profit from the job | | Yes | Do you accept responsibility for any defective or remedial work that was your doing? | | Yes | Are you free to work for others at the same time? | No | | Do you accept that work lasts for the term of each particular task or contract? | No | | Do you have the right to employ or subcontract any aspect of your work to another person? | No | | Do you have the right to employ an apprentice or trainee in the execution of contracts? | No | | Do you understand the arrangement as a contract for services? | | Yes | Is tax deducted by your hirer from your pay? | | No | Do you provide your own public liability and sickness and accident Insurance Cover | | Yes | Do you receive paid holidays or sick leave? | | No | Do you render tax invoices for payment? | | Yes | Do you file GST returns? | | Yes |
Source: Australian Business Lawyers & Advisors, 2011
Summing up the common law test Anne has a contract for service, which makes her an independent contractor. Anne Parish had signed a contract for employment with Ace Insurance Company which