Recent Cases

ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (09 February 2022) (Kiefel CJ, Gageler, Keane, Gordon, Edelman, Steward and Gleeson JJ)


Catchwords:


Industrial law (Cth) – Nature of employment relationship – Employee or independent contractor – Where respondents previously employed by company as truck drivers – Where respondents agreed to “become contractors” and purchase own trucks – Where each respondent set up partnership with spouse – Where partnerships executed contract with company for provision of delivery services – Where contract provided partnerships to purchase trucks – Where contract provided partnerships be paid by company for delivery services – Whether respondents employees of company.

Words and phrases – “contractual rights and obligations”, “control”, “disparity in bargaining power”, “employee”, “goodwill”, “independent contractor”, “partnership”, “provision of services”, “sham”, “substance and reality”, “totality of the relationship”, “worker”, “written contract”.