Chapter 7 Key facts checklists
● Individuals may be engaged as workers, but their employment status will most commonly be as an employee (employed under a contract of service) or independent contractor (employed under a contract for services).
● Employment status is significant in relation to the rights and obligations each type of contract has for the individual and employer.
● Given the lack of an adequate statutory definition, the common law has developed tests to identify employment status (mutuality of obligations, evidence of an employer’s right to control, and whether the individual was engaged in business on their own account).
● Employees and people employed personally to perform work under a contract are protected against various forms of discrimination. Some of these also apply before employment.