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| Topic: |
Business
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| Number of pages / Number of words: |
8 / 2052 |
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In a majority judgment the High Court held that “viewed as a practical matter, the bicycle couriers were not running their own business or enterprise, nor did they have independence in the conduct of their operations†hence could not be considered as independent contractors.
Critical Analysis
The critical analysis focuses on the definitions of employee and independent contractor and the common law concept of ‘control’ applied to the post-industrial era in determining whether an employer is vicariously liable...
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The Court of Appeal found that the couriers were independent contractors giving the main reason that the couriers were required to provided and maintain their own bicycle and equipments. The Court of Appeal in this case appears to give semantic importance to the definitions of employee and individual contractor...
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THE HIGH COURT OF AUSTRALIA
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