Our clients’ often come to us with questions that go to the heart of the employment relationship, and we are continually surprised that experienced business owners do not understand the basic legal principles and laws underpinning the employment relationship. We will be dedicating the next 6 issues of our client alerts to a series on the Basics of Employment Law. These alerts are designed to give our readers a basic understanding of the most important and relevant employment law principles and rules applicable to their employees, so that decisions can be made with a better understanding of the legal requirements. We will be covering the following topics:
- Who is an employee;
- The types of employment;
- The employment contract;
- The Fair Work Act 2009 (Cth) and The National Employment Standard
- Modern Awards and Enterprise Agreements; and
- Termination of employment.
This week’s alert will focus on the question of who is an employee?
Who is an employee?
At any one time, a business may be brimming with different types of workplace participants. Usually, a business will employ individuals to perform work, or engage contractors to undertake specific tasks or provide specialised services. There may also be volunteers, work experience students, apprentices, or visitors. While employers, as business owners, owe duties to each of these workplace participants, these individuals are characterised differently with respect to the rights and obligations they owe and enjoy.
In particular,...
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