(RECORDING) AACMA Webinar with Governology: Employment and Contractors
RECORDING IS AVAILABLE FOR PURCHASE!
Topic: AACMA Webinar with Governology: Employment and Contractors
Presenter: Dominic Cudmore, Principal Lawyer, Governology Pty Ltd
Webinar recorded date: Wednesday 8 May 2024
Webinar duration: 2 hours
CPD: 2 points (professional issues)
Webinar Recording Tickets: AACMA Member $50, AACMA Student Member FREE, Non Member $100
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In Australia, the distinction between an employee and an independent contractor is crucial and has significant legal implications.
In this session, Dominic Cudmore, Principal Lawyer with Governology www.governology.com.au, will provide an overview view of the difference between an employee and an independent contractor.
1. A worker who is employed as an Employee:
- is engaged by an employer under an employment contract (oral or written)
- works under the direction and control of their employer e.g. defined work hours, defined location and direction as to how tasks are performed
- performs their work as a representative of the business that employs them
- enjoys various workplace rights and protections under employment laws including leave entitlements, superannuation, and unfair dismissal protections.
2. A worker who is engaged (not employed) as an Independent Contractor:
- is self-employed i.e. he or she works for themselves
- can provide services to other individuals or businesses
- has a high level of control over their work, including setting his or her own hours, choosing work locations and determining how tasks are done
- bears the financial responsibility and risk related to his or her work
- can work for multiple clients simultaneously
- is not employed by the person/business to which they provide services
- is not entitled to many of the workplace rights accorded to an employee e.g. sick leave, annual leave etc.
Remember that determining whether someone is an employee or an independent contractor depends on several factors including control, financial arrangements and the nature of the working relationship.
It is very important to assess these indicators together to make an accurate classification of your workers.
About the Presenter
Dominic Cudmore, Principal
Dominic Cudmore LLB is an experienced employment law professional for the SME, corporate, NFP/NGO and public sector employers and their staff. He is highly proficient in providing expert legal advisory services on employment contracts, disputes, mediation and risk management training. Dominic holds a Bachelor of Laws from the University of Sydney, Graduate Diploma of Legal Practice from the College of Law Australia, and Graduate Certificate in Employment Relations from the University of Technology. Dominic has many years’ experience in the education of legal studies through lecturing and/or tutoring in a vast range of subjects at the Thomas More Law School whilst also building relationships with legal professionals/firms, government bodies and NFP organisations and NGOs.
He has also spent eight years as a corporate trainer for community courses and welfare training services that assists staff, volunteers and board members of not-for- profits and social enterprises. In addition, Dominic has extensive experience in consultancy for firms that worked across the charity, not-for-profit and philanthropic sectors by advises client types such as medical and scientific research, non-government schools, churches, community groups, etc.
Dominic is admitted as a solicitor in the High Court of Australia and Supreme Court of New South Wales.
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