In this special edition of the Employment Law for the Time Poor Podcast, join Emily Haar and Professor Andrew Stewart for a discussion on the implications of the High Court's decisions in Jamsek and Personnel Contracting, which have adjusted the way in which the "multi-factor test" for considering whether a worker is an employee or independent contractor is conducted.
To listen to the podcast please click here.
Rather than the broader factual circumstances being relevant, the focus now is solely on the contractual terms, unless the arrangement is a sham, or has been varied by conduct. While defending an independent contracting arrangement is now somewhat easier, each situation will need to be assessed on a case by case basis, and contractual drafting is vitally important.
For further discussion of these cases, see our insight at: https://piperalderman.com.au/insight/contract-rules-in-two-landmark-decisions-the-high-court-has-restored-some-confidence-in-contracting-with-individual-workers/, or Episode 13 of the podcast for a discussion about the Full Federal Court decisions: https://piperalderman.com.au/insight/employment-relations-podcast-13-does-it-pass-the-smell-test-when-a-contractor-is-actually-an-employee/.
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