Category: Employment Law

The lines dividing the roles of employee and independent contractor are becoming increasingly blurred. Organisations reliant on the label of the latter to protect them from employer obligations such as minimum wage, superannuation and leave entitlements are now facing the pressure of discerning ‘substance not form’ debate. Workers from various sectors, particularly within the gig economy (think Uber and Foodora), are campaigning against the unsupportive working conditions they face as independent contractors. Recently, the Fair Work Ombudsman launched legal action against Foodora on the basis that the delivery organization engaged in sham contracting. As outlined in an earlier article, sham… Continue Reading