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55 articles are classified in All Articles > Legal > Independent contractors


Employee status "not a box-checking exercise": Judge

The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.



Canadian "contractor" who flew south an employee, says FWC

A Sydney-based Canadian paid a regular monthly untaxed figure in US dollars by a Calgary-headquartered company for which he agreed to act as an independent contractor has had his unfair dismissal claim upheld, with the FWC finding he was not genuinely retrenched.

"Inadvertent" underpayments earn tourism operator $168,000 fine

A small coach company that voluntarily repaid two drivers almost $44,000 after admitting underpaying them has been penalised a total of $168,300, despite a judge finding the breaches were a result of "clumsiness and inadvertence" rather than deliberate.

$1 billion class action could redefine sub-contracting arrangements

The union advising Shine Lawyers on a $1 billion bid to recoup wages and entitlements for 4000 telecommunications workers allegedly misclassified as sub-contractors says the class action could finally answer a question historically avoided via settlement.

Foodora ruling unlikely to disrupt disrupters: Academic

The FWC's landmark ruling that a former Foodora rider was an employee is unlikely to have implications for other major gig economy platforms like Uber and Deliveroo, according to leading IR law academic Andrew Stewart.

Big employer with "lean" HR allowed to use external lawyer

A member of a "very large" employer's six-strong "lean" HR team has convinced the FWC that complex argument over whether a sacked self-represented worker is an employee or contractor justifies external legal representation.


Foodora test case still alive

A landmark unfair dismissal case involving a former delivery rider for Foodora Australia Pty Ltd is set to continue tomorrow, despite the company last month going into voluntary administration.