Guide - Independent Contractor or Employee: Business Broking Professionals

Guide – Independent Contractor or Employee: Business Broking Professionals

Joe Kafrouni

16 Mar 2012

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min read

Business brokers and real estate agents are typically engaged as contractors to a business. However, just because a worker is engaged as a contractor does not mean that they will be treated by law as one. Regardless of the form of the agreement, if the contractor has the characteristics of an employee, then the law may categorise that worker as an employee. Each case will depend on its own facts, so the Courts will always look at the totality of the circumstances to determine if a worker is a contractor or employee.

This Guide provides a summary of the key factors in determining the independant contractor versus employee issue.

What to do next: If you would like more information on the distinction between employees and independent contractors and the impact on your business call Rob Montes or Joe Kafrouni on (07) 3354 8888 or rob@klaw.com.au or joe@klaw.com.au.

Guide-Independent-Contractor-or-Employee

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Joe's been our company’s lawyer from the beginning and has been instrumental in our journey as company owners and directors. When dealing with both complex and sensitive company issues, Joe is able to provide us with clearly articulated strategies that are well thought‐out and with the bigger picture in mind. He genuinely cares and is always willing to share his personal views, which are both honest and just. Joe is highly professional and knowledgeable in his field. You will definitely benefit having him on your team.

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Kafrouni Lawyers assisted me to resolve my partnership and company shareholder dispute over a family cattle business and property. From the start, Joe provided practical advice and options to resolve the dispute away from the courts. His perseverance and technical skill helped unravel a complex financial structure, resolved disputed shareholder claims, and resulted in a signed settlement deed rather than litigation. Joe cared to explain the legal and financial complexities behind his step by step advice and maintained our focus on the end goal. Joe's involvement certainly improved my family's position and I recommend Joe to anyone finding themselves in similar circumstances.

The biggest lesson I have learnt from you recently, Joe, is that it pays to have a professional such as yourself on my side to deal with matters that I am unequipped to handle … so I can carry on with the task at hand of building my business! Thanks again, I’ll take pleasure in recommending your services to anyone in need.

Joe, I appreciate it was a very long day yesterday but we got there in the end. I thought you did a great job and I enjoyed watching your approach and the way you conducted the mediation.

Joe, as you know we were in a very difficult position with our company before we engaged you as our lawyer and fortunately, even with the odds stacked heavily against us in our shareholders dispute, you managed to pull us through to victory. You are a true credit to the industry not only because of your skilled negotiating tactics but also due to your personable nature, which made us feel comfortable in such a volatile situation.

A big thank you for your time today, Joe. Thankfully we managed to strike a deal although it took a little while to do. Thanks for your patience and perseverance.

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