Nancy operates a catering business where:

• She hires an individual to help her during peak periods.
• The hours the individual works are flexible.
• There are certain functions that the individual must attend in order to serve clients, make food, and clean up after the function.
• The individual must dress in black and white to fit in with the rest of Nancy's team.
• Nancy provides a clean apron to this individual for each function.
• Nancy has purchased co-ordinating dishes, cutlery, and tablecloths to use at each event.
• The individual is paid at the end of each function.

Which statement BEST fits the assessment of whether this individual is an employee or a contractor?

a)

The individual is an employee because Nancy primarily determines when the work is to be performed and provides the equipment to be used.

b)

The individual is an employee because Nancy has hired this individual to help her with her catering business during peak periods, which is for a specified period of time.

c)

The individual is a contractor because the clothes the individual wears for work are not provided by Nancy.

d)

The individual is a contractor because the hours of work are considered flexible.