Gail works at the Sweet-Ice factory packaging ice cream packs into cartons on school holidays. David, the owner of Sweet-Ice, told Gail that, if she wants to work on any day, she can just show up without notice. David pays Gail $120 a day to do odd jobs given to her by her supervisor. One day Gail slips over in some dry ice that has been left on the floor and breaks her wrist. David tells her that as she is not really an employee they can't file a worker's compensation claim for her.

Under Employment Law, is David correct? Has Sweet-Ice failed to comply with other areas of Employment Law?