Koluundzija vs. Commissioner General of Labour and Others – sllr 2020 volume 1 page 142

In the case between KOLUUNDZIJA (the petitioner, Country Director of Oxfam Australia) and the Commissioner General of Labour and others, the issue addressed was whether the 5th respondent, engaged under both employment and consultancy agreements with Oxfam Australia, qualified as an employee or an independent contractor under the Employees’ Provident Fund (EPF) Act. It was held that the 5th respondent was an employee for the relevant period, irrespective of the contractual designation, reaffirming the principle that the substance of the working relationship—not its label—determines employment status. The decision relied on established legal tests (including the control, integration, and economic reality tests) and prior case law, emphasizing that actual working arrangements prevail over co