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Case updates: Employees vs contractors and reducing redundancy pay

Case updates: Employees vs contractors and reducing redundancy pay

by Jackson Downer | Sep 13, 2023 | Independent Contractors

Case Updates:  In this article we take a look at two recent employment law cases, one which deals with whether an individual was engaged as an independent contractor or an employee and one where an Employer has sought to reduce redundancy pay owing to five former...
Casual employee or independent contractor? FWC case provides guidance

Casual employee or independent contractor? FWC case provides guidance

by Simon Obee | Aug 16, 2023 | Casual employees, Independent Contractors

In the recent case of Salim v AFA Sheetmetal Components Pty Ltd [2023] FWC 1834 before the Fair Work Commission (FWC), it was found that an unskilled labourer was in reality a casual employee rather than an independent contractor, despite the fact that he had an ABN,...
Change to Independent Contractor vs Employee Test

Change to Independent Contractor vs Employee Test

by Simon Obee | Feb 17, 2022 | Independent Contractors

In Australia, a business generally has two choices about how it can engage someone to perform work for paid work for it. One option is to engage them as an employee. The other is to engage them as a contractor. But what’s the difference and why does it matter? In a...
Employer fined for dismissing employee to re-engage them as a contractor

Employer fined for dismissing employee to re-engage them as a contractor

by Simon Obee | Aug 12, 2019 | Independent Contractors

A section of the Fair Work Act 2009 which is sometimes overlooked is s.358 which makes it unlawful for employers to dismiss an employee in order to re-engage them as an independent contractor to perform the same, or substantially the same, work. This means employers...

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