Worker was responsible for expenses, insurance, and her own equipment, says employer
A sessional trainer challenged the employer's argument that she was an independent contractor, contending the totality of the relationship, including how the contract was performed in practice, demonstrated she was an employee who was dismissed.
The worker argued that the employer determined her days and hours, allocated courses, provided course materials, supervised her work through reports and meetings, and exercised control over what she did and how she did it.
The employer maintained the relationship was one of principal and independent contractor, pointing to the contract title, requirement to submit invoices with Australian Business Number (ABN), responsibility for expenses and insurance, and provision of own equipment.
The worker was engaged by the employer in a position described as a 'sessional trainer assessor' in a written contract that was entered into by the parties and which commenced operation on 22 July 2024.
The contract had the title 'Independent Contractor Agreement'. The employer provided educational services and traded under a school name. The worker delivered classes to students at the employer's premises in Sydney.
The classes were delivered during 10-week terms, at the end of which the worker would have a period of three weeks off. When the worker first commenced in 2024, she was working three days per week.
The worker was...
Denton Loudermill Jr. watched every Kansas City Chiefs game at his sister's house with his family. The Kansas native and his late father were diehard fans. So, when the 2024 Super Bowl champions' ...