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Ducks and roosters: an overview of the distictions between employeers and contractors seminar paper

Published on 18 Nov 04 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper focusses on identifying when a worker is an employee and when they may be classed as an independent contractor. Issues discussed include:

  • the traditional common law test
  • putting the question in context - unfair dismissal laws, employee entitlements, employer liability
  • recent developments in the application of the test by courts and tribunals
  • the vexed question of labour hire contracts - just who is the employer?
  • the developing concept of 'joint employment'
  • managing the risks.

Author profiles:

David PARKER
David is a partner in the industrial relations and employment law group of Blake Dawson Waldron, working in all areas of industrial and employment law, including discrimination and safety. He has over 12 years' experience in industrial relations and provides strategic advice on the industrial and employment law aspects of major projects and other initiatives, such as restructuring, out-sourcing and the disposal/acquisition of businesses. Prior to joining BDW in 1996, David worked as an industrial officer and advocate with an employers' association and a major State government department. He holds a B.Com and LLB from UWA and also completed a Master of Industrial Relations at the University of Toronto. David is a member of the Industrial Relations Society of Western Australia and the Australian Human Resources Institute.
Current at 1 November 2004

 
Will Snow
Will is a lawyer with Blake Dawson Waldren. Current at 18 November 2004

This was presented at Don't get Trapped in the Labour Maze - Part 1.

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