Labour Law: Employee vs Independent Contractor, Casual to Permanent Conversion, Contractor's Agreement, Deduction from Salary, Additional Working Hours, Gender Pay Equity, Duty to Obey Employer Orders

Running head: LABOUR LAW
LABOUR LAW
Name of the Student
Name of the University
Author Note

LABOUR LAW1
Question 1
Issue
Whether Kate is an independent contractor or an employee and why does it matter.
Rule
The entitlements and rights of an independent contractor are protected by the Fair Work
Act 2009 and the Independent Contractors Act 2006. There are various distinguishing factors
like the employer’s control, paid leaves, vicarious liability, working hours, risk and many more.
(www.fairwork.gov.au, 2019).
In Zuijs v Wirth Bros Pty Ltd [1955] HCA 73, the court laid down the control test which
established control as a major factor of determining employment nature. Stevens v Brodribb
Sawmilling Co Pty Ltd [1986] HCA established the test of multiple indicia. Later in Australia it
was renamed as the preferred test in the Hollis v Vabu Pty Ltd [2002] HCA 44 case where
control along with party’s relationship totality was considered as a relevant factor.
Application
In this provided scenario, Kate works for an accounting firm of mid-size named Windsor
Pty Ltd. She works for a specified working hour and gets the paid leave entitlements and also
needs to report her working before the managing partner. This satisfies the conditions stated in
the Fair Work Ombudsman for being recognized as an employee of a company. Thus, she is to
be treated as an employee of the Windsor Pty Ltd and is entitled to get the benefits and rights of
an employee as provided in the Fair Work Act 2009 like the claim of unfair dismissal. The case