Understanding Mr. Wheeler's Employment Status
The Tribunal determined Mr. Wheeler to be a common law employee of Toowong based on the evidence presented. Key factors considered include:
1. Control: Toowong exerted significant control over Mr. Wheeler's work, providing instructions, supervision, and scheduling.
2. Integration in Payer’s Business: Mr. Wheeler's work was integral to Toowong's business activities, as he performed tasks necessary for fulfilling the company's contractual obligations.
3. Risk: Toowong primarily bore the risk, indicating an employment relationship.
4. Basis of Payment: Mr. Wheeler was paid an hourly rate without contractual conditions for achieving specific results.
5. Equipment and Expenses: While Mr. Wheeler provided some equipment, Toowong supplied materials and equipment, suggesting an employment relationship.
6. Expenses: Mr. Wheeler was not reimbursed for expenses, although this factor was not heavily weighted by the Tribunal.
7. Delegation: Mr. Wheeler did not delegate tasks, further indicating an employment relationship.
8. Appointment and Termination: Mr. Wheeler could be terminated at Toowong's discretion, without specific appointment details provided.
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