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Homework Question - Misclassification of Employee as Independent Contractor?

Discussion in 'Australian Law School Homework Questions' started by Enesaenesa, 18 June 2016.

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  1. Enesaenesa

    Enesaenesa Active Member

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    What if the parties expressly state that a person is an independent contractor or a partner when the person is an employee?

    My answer is, the employer will get independent contractor misclassification penalties?
     
  2. Tim W

    Tim W Lawyer

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    You need to remember that the bargaining position between an employer and any would-be employee is inherently unequal.
    It is on that basis that an employers purport to offer, and workers, out of need as much as out of ignorance accept,
    sham contracting arrangements.

    Have a read of this.
    And this.
    And this.
    And this.

    Be sure and cite them correctly.
     

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