Dear PMSL:
Is there any difference in the terms “worker” and “employee”? - I see them being used interchangeably.

PMSL's Response:
The term "worker" is defined under the Industrial Relations Act (1972) (IRA) as any person who enters into a contract of employment but excludes certain categories of persons such as public officers, agricultural employees and domestic employees - these people do not have access to the Industrial Court under the IRA.  The term employee is therefore broader than the definition of worker and includes but is not limited to workers.

In a recent Industrial Court ruling, MPD No. 1 of 2005 between National Union of Domestic Workers and Ricki Jennings – Manager Mt. St. Benedict Holy Shop such a distinction was noted.

The definition of employee under section 4 of the Maternity Protection Act (1998) states:

“employee” includes a public officer and any person who has entered into or works under a contract with an employer to carry out any trade, business, office, vocation, apprenticeship or other work and whether the work is skilled, unskilled, manual, technical, clerical or otherwise for hire or reward, whether the contract is expressed or implied oral or in writing whether the remuneration is calculated by time or by work done and whether by the day, week month or with reference to any other period and includes an agricultural employee, a domestic employee or a household assistant."

The term therefore includes certain persons who are specifically excluded from the definition of worker under the Industrial Relations Act (1972) such as public officers and persons employed in a domestic capacity.