Title: The Law of Work in Australia
|Date:||June 18, 2013|
|Length:||5 / 1488|
|No of views:||0|
|Essay rating:||good 0, average 0, bad 0 (total score: 0)|
However, in some instances the determination is less than certain, notably, contract and labour hire workers performing ‘employee-like’ functions, and the trend toward vertical disintegration of production which is increasingly placing many workers outside the range of employment protection laws...
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Rather, the approach of the law in determining the existence of an employment or independent contractual relationship will be critically examined.
Common Law Characterisations
Courts have viewed the objective intentions of parties as crucial in determining the existence of an employment relationship:
The parties cannot create something which has every feature of a rooster, but call it a duck and insist that everybody else recognise it as a duck...
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