Balak Berlambak Sdn. Bhd. (BBSB) is a sawmill company. BBSB engaged Bakar Elah as a sawyer where he split logs and cut timber to size. Idaman Hati Sdn Bhd (IHSB) is a contractor company that introduced Bakar Elah to BBSB. Bakar Elah works under the supervision of BBSB, and the supervisors of BBSB is the one who decides the number of logs to be sawn. One day, Bakar Elah was injured during work. He sued BBSB and claimed damages. The sawmill contended that Bakar Elah was not their employee but the employee of IBSB.
Based on the situation given, explain the status of Bakar Elah and suggest the appropriate test to be applied. Support your answer with a case.