The ability to delegate or subcontract work is another critical factor in distinguishing between an employee and an independent contractor. Independent contractors usually have the freedom to delegate tasks to others or subcontract parts of their work. However, in Kathy's situation, it appears that she does not have this ability, or at the very least, it is not mentioned in the contract. The power to delegate is a factor that firmly indicates that the worker is an independent contractor rather than an employee as seen in Australian Air Express Pty Ltd v Langford (2005). If the worker performs all of the work and in practice does not engage others to assist with the performance of the work, or where the business operator provides a replacement worker when the worker is unable to provide their services, it is unlikely that the worker has the power to delegate