Am I An Employee Or A Contractor
Your agreement calls you a contractor, but your daily work feels exactly like an ordinary job.
Your agreement says contractor, but your mornings look like everyone else’s on the team.
Same hours, same manager, same tools, and now the work has stopped without warning.
Does the label in my agreement decide my real status?
No. Courts and the Industrial Court look past the word printed on your agreement and examine how the work actually happened day to day.
A contract that says “independent contractor” does not stop a genuine employment relationship from existing underneath it. What you actually did matters more than what the paperwork called it.
What actually decides whether you count as an employee?
Control is central: who set your hours, who supplied your tools or vehicle, and whether you could send someone else to do the job instead of you. Being tightly integrated into the business, wearing its uniform, or following its detailed instructions all point toward employment.
Being paid a flat rate through an app, on its own, does not settle the question either way.
Why does this classification question matter so much?
An unfair dismissal claim under Section 20 is only available to employees, so this question usually needs answering before your case can move ahead1. Getting the classification wrong at the start can cost you time you do not have.
If you turn out to be an employee, your employer then carries the burden of showing a fair reason for ending things1. That burden does not shift onto you just because your paperwork used the word contractor.
What if your status still looks unclear?
Many platform and gig arrangements sit genuinely in between the two categories. That is common, and it is exactly the kind of question a lawyer reviews by looking at your actual pattern of work, not just the contract you signed.
Specific examples help more than the wording itself. A fixed shift roster, or a requirement to wear a company uniform, can clarify your real position quickly.
What should you do this week?
Gather message threads, shift schedules, payment records, and anything showing who controlled your day to day work. If you believe you were really an employee, you have sixty days from the date work stopped to file a Section 20 representation2.
Check your exact window with the deadline calculator, and read about fixed-term contract endings if your arrangement also involved a fixed term.
A lawyer can walk through your actual working pattern, not just your contract wording, and tell you where you likely stand.
Common questions
Does the word contractor in my agreement settle the question?
No, the label used in your agreement is only one factor among several. What matters more is who controlled your hours, your tools, and how you were paid day to day.
What actually decides whether I count as an employee?
Control over your schedule, whether you can send someone else to do the work, and how integrated you were into the business all matter. No single factor decides it alone.
Why does this classification question matter so much?
An unfair dismissal claim under Section 20 is only open to employees, so the classification question usually has to be addressed before your case can move forward. Getting this right early saves time later.
What if my status is genuinely unclear?
Many gig and platform arrangements sit in a grey area between contractor and employee. A lawyer can review your actual working pattern and tell you which side it more likely falls on.
Sources
- In an unfair dismissal case, the burden of proof rests on the employer to show just cause or excuse for the dismissal. Mah Weng Kwai & Associates
- An employee who believes they were dismissed without just cause or excuse may file a Section 20 representation with the Director General of Industrial Relations within sixty days of the dismissal. Mah Weng Kwai & Associates
Keep reading
A lawyer can walk through your actual working pattern, not just your contract wording, and tell you where you likely stand.