Australia: Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors [2015] HCA 45 (2 December 2015)

An Employer attempted to convert the contract with an Employee into one for an independent contractor, even though she was an employee.  The Court held that this was not allowed.  …

Sexual orientation–based wage gaps in Australia: The potential role of discrimination and personality

This article describes the wage-gaps between workers engaged in same-sex relationships.  Particularly, this article identifies a negative wage-gap between gay men, indicating discrimination based on sexual orientation. https://journals.sagepub.com/doi/pdf/10.1177/1035304615570806  

Australia: Willmott v Woolworths Ltd [2014] QCAT 601

The plaintiff decided to apply for a job at the defendant’s company.  The former alleged that the online application constrained discriminatory questions required information regarding his date of birth, gender, …

Australia: ACE Insurance Limited v Trifunovski [2013] FCAFC 3 (25 January 2013)

Five sales agents sold insurance and their contracts stated that they were independent contractors.  But the contracts were with the company, not the individuals.  The agents were restricted to working …

The distinction between employment and independent contracting in Australia

The most authoritative Australian case on the multifactorial test distinguishing employees from independent contractors is Hollis v. Vabu [2001] HCA 44 (http://www.austlii.edu.au/au/cases/cth/HCA/2001/44.html). However, the later decision of the Federal Court …

Australian case on the multifactorial test distinguishing employees from independent contractors

The most authoritative Australian case on the multifactorial test distinguishing employees from independent contractors is Hollis v. Vabu [2001] HCA 44 (http://www.austlii.edu.au/au/cases/cth/HCA/2001/44.html). However, the later decision of the Federal Court …

Australia: The Sex Discrimination Act- Advancing Gender Equality and Decent Work?

This article addresses the reasons sex discrimination is hindered from becoming a mainstream issue in employment law.  This article also discussed how to achieve gender equality, drawing on several principles …

Australia: Disability Discrimination Act 1992, No. 135, 1992

This is a legislative act of the Australian government. It prohibits discrimination based on one’s disability. Part 2, Division 1 concerns the prohibition of discrimination based on disability in the …

Australia: Stevens v Brodribb Sawmilling Company Pty Ltd [1986] HCA 1 (13 February 1986)

A worker (Plaintiff) was injured when a log fell off a truck while he was working with another person. Both workers used their own vehicles, their own equipment, and were …

Australia: Humberstone v Northern Timber Mills [1949] HCA 49; (1949) 79 CLR 389 (16 November 1949)

An Employee used his own vehicle for the same hours each day and delivered goods to a factory.  A truck fell on him and killed him instantly.  The issue was …

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