What are the deficiencies of the control test the multiple test and the integration test?

Answer 1

The control test states that if a person is an employee, then the employer has the right to not only state what needs to be done, but also how it should be done. This is not what happens when someone hires a contractor as they are usually considered experts in their field, hence it is up to the contractor to decide how a job should be best done. For example a person who hires a mechanic to fix their car would not be considered an employee using the control test as the person would only specify what needs doing but not how the job should be done as they lack technical knowledge.

The problem with the control test is that there are many employers who lack technical knowledge to tell their employees what to do. For example a supervisor may lack the technical knowledge to tell an engineer how to do a job but is still employed by the company and is still considered an employee. Hence the test fails to address the problem of identifying the employer/employee relationship.

The integration test looks at whether the person performing the services is an integral part of the company or whether they conduct business similar to someone performing services as a contractor. If they are integral to the organisation they are considered an employee.

The problem with this test is that someone can still be a contractor but also be an integral part of an organisation. For example a doctor could be a vital part of an organisation but still be a contractor at the same time, hence the need for a better test. This problem lead to the development of the multi factor test. This test basically gives a weighting to the following criteria

* Degree of control

* Hours of work

* Mode of remuneration

* Right to delegate

* Provision of equipment

* Entitlement to annual leave

* Method of paying tax

* Parties belief as to their working arraignment

While this test is the most thorough of all three tests it is still not without its problem. The main problem being is what weighting does the court apply to each criterion and to what percentage will rule a person as being either an employee or a contractor.