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Contractual rights key in employee/contractor disputes; and more
Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.
In the first case, where the CFMMEU argued that a worker engaged by Personnel Contracting (trading as Construct) was misclassified as a contractor, a High Court majority rejected Construct's claim that it was "simply a finder of labour".
This argument ignored the "complex suite of rights and obligations" under its Administrative Services Agreement (ASA) with the worker, it said.
The majority found that under the ASA, Construct had numerous rights, including control over the worker that was "fundamental to its business", the Justices said...
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