Question: Justify with relevant Australian case law whether Graham is an independent contractor or an employee.

Graham Vella was employed as a casual insurance salesman on an hourly rate with HIG Insurance Brokers for six months during 2021. After taking an unpaid break in late 2021 Graham approached the manager of HIG, Mr Charles Drake, to return to work in early 2022.

Mr Drake offered Graham the opportunity to return on the terms included in the following employment contract:

"Dear Graham,

I have pleasure in confirming your employment with HIG Insurance Brokers.

Your employment with this agency will be on the terms and conditions contained in this letter.

Please find this employment contract as agreed to prior to commencing.

EMPLOYMENT CONTRACT

1. Position and Duties

(a) your commencing position (Independent Agent)

(b) Your duties and responsibilities are to meet the requirements of HIG Insurance Brokers as an independent agent.

(c) Your employment is ongoing

2.Salary

(a) you are not on a gross weekly salary.

(b) your remuneration may be reviewed by this agency BY MUTUAL

AGREEMENT.

3. COMMISSIONS

(a) You will be paid a monthly commission based on the following formula: 25% of gross commission sales created or listed by you.

(b) Payment will be made to you after submission by you of a Tax Invoice to HIG Insurance setting out monthly concluded sales.

I Confirm that I accept the offer of employment by HIG Insurance Brokers in the terms set out in this letter of agreement.

Signed: .................Date:..............

Mr G. Vella

Signed: .................Date:.............."

Mr C. Drake

Manager HIG Insurance"

(continues overleaf...)

Both Graham and Mr. Drake duly signed the contract on 17th January 2022, and Graham commenced with HIG on that date.

Graham was provided with an HIG business card naming him as 'Insurance Advisor'. The business card indicated Graham's contact details as being at the address of HIG Insurance Brokers, although the mobile phone number printed on the card was for Graham's personal device. Graham was allocated office space at HIG but spent much of his time on the road visiting clients and potential clients. While working in the HIG office Graham used a computer provided by HIG but used his own laptop while 'on the road'. Graham used his own car for visiting clients but was provided with two magnetic signs displaying the details of HIG Insurance, which he placed on the side doors during business hours.