Employment status has definitely been one of the hot topics over the last couple of years. It is important because a person’s employment status determines their rights. As an employee, they are entitled to certain rights that they are not entitled to as a worker.
As legislation is so minimal, the courts focused on certain factors, such as level of control, mutuality of obligations, personal service, integration, financial risks, equipment and remuneration to determine a person’s employment status. However, it is still difficult for individuals and employers to ascertain a person’s employment status and what rights they are entitled to.
The government has considered this issue and decided to legislate to improve the clarity of the employment status tests and provide guidance and online tools to help in this regard.