Employee vs independent contractor: High Court rules contract is the source of the analysis (not subsequent conduct)

Tax Month - February 2021

In the High Court CFMEU v Personnel Contracting case (see related TT article), the Court held that the characterisation of a relationship, as that of an employee or an independent contractor, is answered by considering the rights and obligations as set out in the written contract (unless the contract is challenged as a sham or its…

CFMEU (and contractor) v Personal Contracting Pty Ltd – High Court holds contractor was an ’employee’ (despite ‘contractor’ label) but basis for this finding was ‘seismic’

Tax Month - February 2021

On 9 February 2020 the High Court held that an individual was the employee of a labour hire company (not a contractor, as described in his contract with that company). However the High Court did this on a basis that could be described as seismic, when it comes to the ’employee’ v’s ‘independent contractor’ definition…