Can’t I just engage the worker as an Independent Contractor (IC)?
Employment laws around independent contractors can be complex in Australia, and there are significant risks associated with this. If the relationship with a contractor becomes strained, then the worker could potentially claim they are an employee. If you haven’t taken steps to confirm and guarantee that, then not only might you find yourself with a large severance claim but also having actions filed against you for wrongful dismissal and even corporate tax exposure. If taking on workers as independent contractors, you need to be absolutely sure they are not inadvertently captured under employment laws in Australia.