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Section [A] In deciding whether a contract is one "of service" (ie, an employment relationship) or one "for service" (ie, the worker is an independent contractor), the Employment Relations Authority ("Authority") and the Employment Court ("Court") are required to determine the real nature of the relationship between the parties and to consider all relevant matters, including any matters that indicate the intention of the parties 1. Under the previous Employment Contracts Act ("ECA") the Courts primarily determined such arguments by reflecting on the intention of the parties, which more often than not focussed on the written employment agreement. Now that the Courts must consider the real nature of the relationship, it must also consider all relevant factors. 2 Though the intention of the parties is still relevant, it is no longer decisive. To determine employment contracts, the Courts apply the same variety of tests as those that were used under the former...

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