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- Title
DICHOTOMY OR TRICHOTOMY? DEFINING EMPLOYEES AND INDEPENDENT CONTRACTORS IN AN EVOLVING MARKET.
- Authors
KIKIROS, STEPHEN
- Abstract
This paper analyses the distinction between an 'employee' and 'independent contractor' and its application to companies in the 'gig economy'. This question is exemplified by global debate concerning how Uber drivers are classified. The author argues that the current Australian legal test,1 absent of legislative reform, cannot confidently answer this question and proposes several suggestions. This paper is divided into five sections. The first section introduces the issue. The second section examines the significance of classifying workers, explains the Australian legal test and considers its application to the gig economy. The third section explores the legal landscape in the United Kingdom and compares it with Australian law. The fourth section considers recent and notable legislative reform in both jurisdictions. The fifth section proposes and assesses solutions that may be more appropriate in an evolving market.
- Subjects
CONTRACTORS; GIG economy; LEGISLATIVE reform
- Publication
University of Western Australia Law Review, 2019, Vol 45, Issue 1, p158
- ISSN
0042-0328
- Publication type
Article