Differentiating Between Employees and Independent Contractors to Avoid Unfair Dismissal Claims

This MWKA Online Talk was delivered on 25 May 2022 by Mr John Chan and moderated by Ms Rachel Ng. Please visit https://mahwengkwai.com/talks-signup/ to register for upcoming talks.

Many businesses incorrectly assume that they can engage “independent contractors” instead of as “employees” to avoid certain employer responsibilities. However, claims for unfair dismissal by “independent contractors” can succeed if the Industrial Court views the relationship effectively as one of employment rather than a contract for services. Join us for this online talk, in which our speaker will discuss how the Industrial Court determines whether a claimant is an employee or independent contractor in an unfair dismissal claim.

Talk points:
Unfair dismissal claims under Section 20 Industrial Relations Act 1967
Contract of service vs Contract for services
Tests to determine the nature of the contract
Case studies of unfair dismissal claims by “independent contractors”

Speaker: John Chan (Partner)

Moderator: Rachel Ng (Associate)
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