Employee or independent contractor?

Morrow v Tattsbet Ltd (2014) FCCA 1327 delivered on 4 July 2014 is a useful decision of the Federal Circuit Court about a modern approach to distinguishing between an employee and independent contractor. In an action for adverse action by a former operator of a betting agency, the court concluded that notwithstanding that the applicant was responsible for deciding how best to run her agency to maximise its financial return and to employ people and set their pay rates, hours of work and conditions of employment, the applicant was in reality working in the business rather than “a business of her own” and she was thus an employee and capable of bringing the application. The applicant lost the case though, with the Court deciding that her dismissal was through a loss of trust and confidence rather than because she had raised queries about the obligations of the respondent to pay the superannuation guarantee levee and thus the exercise of a workplace right.