Previously, in deciding whether a worker is an employee or an independent contractor, courts considered numerous factors relating to what actually occurred in the working relationship, which may have differed to what was in the written contract. In two recent decisions, the High Court has moved away from this approach. Instead, the Court placed a higher importance on the terms of the written contract to determine whether a relationship is one of employee or independent contractor. Justice Connect’s Not-for-profit Law’s guide ‘Employee, contractor or volunteer?’ has been updated to include this development where questions of employment classification may arise.
Employee or contractor? New High Court decisions impacting definitions
20 Jun, 2022