Zhou v Extragreen Holidays (Aust) Pty Ltd

In *Zhou v Extragreen Holidays (Aust) Pty Ltd*, heard before Judge Burchardt, the applicant sought to have a preliminary issue determined by the Court, namely whether they had worked for the respondent as an employee or an independent contractor. The applicant's engagement with the respondent spanned from 2013 to 2018.

The central legal issue before the Court was to determine the true nature of the applicant's relationship with the respondent, specifically whether the applicant was engaged as an employee or an independent contractor. This determination required the Court to consider various indicia of employment.

Judge Burchardt found that the applicant's engagement was that of an employee. In reaching this conclusion, the Court considered the totality of the circumstances, noting that the applicant was offered shifts on a discrete, individual basis and was always at liberty to decline any offered shifts. The Court applied established legal principles for distinguishing between employees and independent contractors, weighing the various factors holistically to arrive at its finding.