For many years, government, businesses and unions have grappled with the complex issue of whether an individual is to be engaged to provide services as a contractor/consultant, or to perform work as an employee. Getting that answer wrong can have significant consequences for the parties in terms of litigation and regulatory action, civil penalties and claims for employee entitlements.
The High Court has recently decided two cases on this issue: CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2. Both cases provide guidance on the importance of an appropriate contract, and consideration of the various factors that can affect the legal nature of a person’s engagement.
So what does this mean for your organisation… what issues still remain undecided… come find out more!
Giri Sivaraman
Principal Lawyer
Maurice Blackburn Lawyers
Giri is an Employment Law Principal leading Maurice Blackburn’s Queensland employment and industrial law team. He represents Unions and employees including senior executives in employment disputes. He’s been rated as a pre-eminent lawyer for employees in Queensland by the Prestigious Doyles Guide for the last 4 years.
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