Are They An Employee or Contractor with Lawyer Jeanette Jifkins
Hello and welcome to Episode 317 of The People Powered Business Podcast.
In this episode, we are tackling one of the most confusing and high-risk areas for business owners right now, the difference between employees and contractors.
I’m joined by Jeanette Jifkins from Onyx Legal, and together we unpack why this isn’t as simple as choosing what you want to call someone. We explore how recent Fair Work changes, alongside ATO requirements, have made this space more complex than ever, and why getting it wrong can have serious financial and legal consequences for your business.
We dive into the legal perspective on what truly separates an employee from a contractor, including the critical role of control, the “whole of relationship” test, and what courts actually look for when making a determination.
Throughout the conversation, we share practical examples, common mistakes business owners make, and how contractor relationships can easily drift into employment without you even realising. If you’re currently engaging contractors or considering it, this episode will help you understand your risks and what you need to do to protect your business.
Key Takeaways:
- You can’t simply choose whether someone is a contractor or employee, the law determines it
- The level of control you have is a major factor in defining the relationship
- The “whole of relationship” test looks beyond contracts to how the working relationship actually functions
- Contractor arrangements can evolve over time and increase your risk if not managed properly
- Documentation, clear agreements, and ongoing management are essential to protecting your business
Links & Resources:
- 💬 DM Kristy-Lee on Instagram @kristy.lee.billett
- Connect with me on LinkedIn: https://www.linkedin.com/in/kristyleebillett/
- Email me at [email protected]
- If you’d like to book a 15 minute clarity call with me, do that here: https://calendly.com/kristyleebillett/chat
To Connect with Jeanette:
An Invitation:
If you’d like to connect with other businesses who are also juggling the challenges of teams, I’d love you to join us inside our free Facebook Group, The People Powered Community, so I can learn more about what’s working for you and any challenges you might be having. Join Here - https://www.facebook.com/groups/hrsupportaustralia
