A purportedly self-employed plumber was held to be a statutory 'worker' because personal service was the dominant contractual feature, entitling him to holiday pay and other protections.
employment
Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.
HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.
A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.
Get a detailed analysis of Pimlico Plumbers Ltd v Smith and how it applies to your situation.
Explain Pimlico Plumbers Ltd v Smith