Buy custom The Law of Work in Australia
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| Topic: |
History
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| Number of pages / Number of words: |
6 / 1488 |
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Various justifications have attempted to reconcile the two cases, however none convincingly so.
Indeed, the Vabu cases are typical of judicial decisions that appear to border on arbitrary value judgements. For example, the consideration of a worker providing their own vehicle or equipment might confusingly be described as generally indicating an independent contractual relationship but not necessarily always so...
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For example, the consideration of a worker providing their own vehicle or equipment might confusingly be described as generally indicating an independent contractual relationship but not necessarily always so.
What then, is the nature of the employment relationship under the current common law regime? Because the list of multiple factors is not fixed, there appears to be none, other than what the court believes an employment relationship should look like, and in many instances, the court does not appear to know itself until the resolution of lengthy and complex judicial reasoning...
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