Contractor by name, employee by nature: FWC’s latest call

A recent Fair Work Commission decision examined whether a Philippines-based legal assistant was an independent contractor or employee and whether they were a “national system employee”. Despite the contract labelling her as an independent contractor, the Commission found the written agreement reflected an employment relationship due to factors like the nature of the work, control and remuneration.
 
The Commission also found that the employee was covered by Australian employment laws. This decision highlights the risks of misclassifying overseas workers, especially given recent legislative changes to the definition of ‘employee’, and the upcoming criminalisation of wage theft.
 
If you want to read more about the case and its potential ramifications, Click More info for the full article from Gadens.