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Many organisations will take comfort in the High Court's finding that written agreements are the determining factor in whether a worker is an employee or contractor, but this doesn't mean they can become complacent, a lawyer warns.
In two separate but related rulings last week, the High Court found that if an organisation and worker have entered into a "comprehensive contract" that sets out the rights and obligations of the parties, it is that contract that characterises the nature of the relationship, King & Wood Mallesons consultant Brett Feltham says in a new HR Daily Premium webcast.
This finding was a "complete move away" from a Full Federal Court's earlier determination, based on the totality of the parties' relationship including their day-to-day conduct...
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