A brave new world of workers

Gordon Anderson (), Douglas Brodie () and Joellen Riley ()

Chapter 3 in Employment Law for a Brave New World, 2025, pp 30-47 from Edward Elgar Publishing

Abstract: The common law definition used to characterize ‘employment’ and distinguish it from ‘independent’ contracting arrangements continues to determine the boundary between protective employment law and general commercial law. Nevertheless, there have been differences between our jurisdictions in the way courts approach that definition. This chapter interrogates the differences that have emerged between the jurisprudence of the UK Supreme Court, which permits regard to the ‘true nature’ and ‘economic reality’ of the relationship, and that of the Australian High Court, which has limited consideration to the express terms of the parties’ contract at the time it was made. New Zealand resolved this question in 2000 by a statutory direction that courts must regard the true nature of the relationship, above the terms of a formal contract. Recent amendments (commencing in August 2024) to the Fair Work Act 2009 (Cth) in Australia purport to follow this approach.

Keywords: Definition of employment; Contract interpretation; Independent contracting; Economic reality; Multifactorial test; Employment relationship (search for similar items in EconPapers)
Date: 2025
ISBN: 9781800379923
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