Employee or independent contractor

Employee or independent contractor
Discuss briefly what is involved in the totality test, its purpose and the indicia or factors. This means that you find a source that discusses the totality test – an academic one, not a lawyer’s website and not lecture notes
Application of totality test to case study
Precedent cases and justification for status as employee or contractor
Employee or independent contractor?
The Community Care Society, a faith-based not-for-profit community service organisation, works hard to assist people in need and to combat social injustice across Australia. The Community Care Society advertised for a person to provide mass and other sacraments to residents of a care facility for people with different abilities. The advertisement in the Catholic Leader in January 2009 read:

Helper Required
A suitably qualified person is required to work as a Chaplain for the Community Care Society, a faith-based community service organisation delivering pastoral care services to people with different abilities. In addition to pastoral care, duties will include the provision of mass and other sacraments to residents in our 100 person shared care facility, and for another 50 clients living in their own homes. For further details, phone Father Patrick O’Brien on 3333 1818.

Father Ted, a member of a particular Catholic community, applied for the position via his Archbishop and was accepted. His Archbishop negotiated the terms of his employment on Father Ted’s behalf. The terms of Father Ted’s employment were as follows:
• He was to commence work as a helper on 1 March 2009 and to receive $20,000 per annum, paid fortnightly, and accommodation at Community Care.
• He was responsible for providing his own vehicle and for petrol and maintenance expenses, but he could claim mileage from Community Care for visits to external clients.
• Community Care deducted income tax from Father Ted’s pay.
• Both parties could terminate the contract on one week’s notice.
• Father Ted would not be supervised.
• Father Ted had discretion about who he visited and when.
• Father Ted was required to administer mass at the Community Care Society Shared care facility on Sundays.
• Father Ted was required to record details of resident visits and the giving of sacraments into the Community Care database.
• Father Ted could delegate his pastoral visits and the provision of mass to another suitably qualified person.
• Father Ted could take on other work in his field.
• Father Ted had to provide his own vestments (uniform).

During the period of Father Ted’s tenure, he was directed by the Archbishop to go to Sydney on church business (World Youth Day, June 2010) for 3 weeks. Father Ted asked Father O’Brien at Community Care if he could take leave. Father O’Brien told Father Ted not to worry about applying for leave and he was paid by Community Care during his 3 week period of absence.

On 22 July 2013, Father O’Brien wrote to Father Ted and stated ‘it is deemed in the best interests of all concerned that the post of Chaplain at Community Care Society be vacated with immediate effect’. No further supporting evidence was forthcoming.

Question:
Apply the totality test to determine whether Father Ted is an employee or a contractor and therefore whether he is eligible to make a claim for unlawful and/or unfair termination.

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