The continuing development of the gig economy and the increased use of remote working following the pandemic has presented challenges for determining the true nature of working relationships. This determination is critical for businesses. Misclassification of workers as independent contractors or consultants can lead to significant consequences.

Properly classifying workers is critical in determining whether a worker will be entitled to the benefits and protections of the Employment Act 2000 ("EA 2000") and to certain other obligatory benefits like health insurance or pensions.