The Supreme Court decision in Autoclenz indicates a shift in the courts' approach when determining employment status. While the fundamental tests remain the same – personal service/substitution, mutual obligations and control – the court acknowledged that in specific circumstances written contracts can be set aside. As the bargaining power of employees is lower, what needs to be established is the true nature of the contract.
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The Supreme Court decision in Autoclenz indicates a shift in the courts' approach when determining employment status. While the fundamental tests remain the same – personal service/substitution, mutual obligations and control – the court acknowledged that in specific circumstances written contracts can be set aside. As the bargaining power of employees is lower, what needs to be established is the true nature of the contract.
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