Am I an employee or a contractor?
Your agreement says contractor, but your daily work feels like an ordinary job.
Does the label in my agreement decide my real status?
No. The Industrial Court looks past the word on your agreement and examines how the work actually happened day to day.
A contract that says “independent contractor” does not stop an employment relationship from existing underneath it. What you did matters more than what the paperwork called it.
What decides whether you count as an employee?
Control is central. Who set your hours? Who supplied your tools or vehicle? Could you send someone else to do the job?
Being tied closely into the business points toward employment. So does wearing its uniform or following its detailed instructions. Being paid a flat rate through an app does not settle the question either way.
Why does this question matter so much?
An unfair dismissal claim under Section 20 is only open to employees. The question usually has to be answered before your case can move ahead, and a wrong start can cost you time you do not have.
If you turn out to be an employee, your employer must show a fair reason for ending things.1 That burden does not shift to you because your paperwork said contractor.
What if your status still looks unclear?
Many platform and gig arrangements sit between the two categories. That is common, and a lawyer answers it by looking at how you actually worked, not only the contract you signed.
Concrete details help most. A fixed shift roster or a required 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 daily work. If you believe you were really an employee, you have 60 days from the date work stopped to file a Section 20 representation.2
Check your window with the deadline calculator. If your arrangement also had a fixed term, read about fixed-term contract endings.
If you want a lawyer to judge your status and act, request lawyer contact first; only after an identified independent lawyer has contacted you and specifically requested the material, send them your records and dates.
You work on a contract basis but are treated like staff. An independent employment lawyer can review your working pattern and act for you if you are an employee with a claim.
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
Does the word contractor in my agreement settle the question?
No. The label in your agreement is only one factor. What matters more is who controlled your hours and 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 closely you were tied into the business all matter. No single factor decides it alone.
Why does this classification question matter so much?
A Section 20 unfair dismissal claim is only open to employees. The classification question usually has to be settled before your case can move forward, so getting it right early saves time.
What if my status is genuinely unclear?
Many gig and platform arrangements sit between contractor and employee. A lawyer can review how you actually worked 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 60 days of the dismissal. Mah Weng Kwai & Associates
Keep reading
You work on a contract basis but are treated like staff. An independent employment lawyer can review your working pattern and act for you if you are an employee with a claim.
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.