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Employee or independent contractor? The High Court reiterates that it’s all about the contract

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2

Two landmark High Court cases have decided that the terms of a written contract will determine whether a person is an employee or a contractor.

This is a major shift away from the uncertainty of analysing multiple and often conflicting factors in an employment or contractor relationship.

W+K’s Chris Spain, Chris Mossman, Sian Gilbert and Caitilin Watson, assisted by Marina Wu, look at these significant decisions and explain why it is now even more important to make sure employment contracts and contractor agreements accurately reflect the intention and scope of the relationship.

Click the download button below to read in full.

© Wotton + Kearney 2022
This publication is intended to provide commentary and general information. It should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this publication. Persons listed may not be admitted in all states and territories. For our ILP operating in South Australia, liability is limited by a scheme approved under Professional Standards Legislation.
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