Harris & Kearney v Excel Brickworks Ltd [2020]

The claimants in this case were father and son.  The father was a site foreman for the respondent and the son was a bricklayer.  The father had worked for the respondent for over 17 years whereas the son had only worked for less than a year.  In commencing the work, they had signed documents entitled ‘self-employed contract for services’.  This contract outlined that they could work when they wanted, they could refuse work when it was offered, they could leave the site without permission being needed and they could substitute their work with another individual with similar qualifications and experience.   The contract also outlined that the two individuals were