Does the law treat you as an employee?
Dismissal protection depends on how you really worked, not on your job title.
Employee status sits quietly behind every dismissal claim. None of the protections on this site apply until this question is settled.
What it means
It asks whether the law recognises you as an employee, and not as an independent contractor or another arrangement. The answer rests on the real nature of your working relationship.
This status opens the door to protections such as the right to challenge an unfair dismissal. They do not reach someone who genuinely runs their own independent business.
Why it matters to you
Some employers use labels such as consultant, freelancer or partner for roles that work exactly like ordinary employment. Sometimes the aim is to avoid the duties that come with employee status.
Courts look past the label to the actual working relationship. So a wrong label does not remove your protection, though it can make your case longer and more complicated.
Why does this question matter so much
If your status is disputed, gather evidence of how your work really ran. Note your hours, your supervision, your tools, and whether you worked only for one business.
Read about independent contractor status and gig worker classification for related situations that raise the same question.
If you believe you are an employee and were dismissed unfairly, check your 60-day window on the deadline calculator.
If your employer treats you as a contractor and you think you are an employee, send the date and what happened. An independent employment lawyer can review whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.
Common questions
Can I lose employee status just because I was paid as a freelancer?
How you were paid is one factor, not the only one. Control over your hours and tasks, and whether you worked mainly for one business, still matter alongside how your pay was set up.
Who decides my employee status if it is disputed?
If your case reaches the Industrial Court, the court examines the real facts of how you worked. It does not rely only on the label in your paperwork.
Keep reading
If your employer treats you as a contractor and you think you are an employee, send the date and what happened. An independent employment lawyer can review whether it is a case they can take on.
For people seeking legal representation. For general information, please use our guides and tools.
First contact: general facts only, such as date, location, employment status and a short summary. Keep documents private until an identified independent lawyer contacts you and specifically requests them.