Employment Relations Podcast #24 – Special Edition: Contract is King – the High Court decisions in Jamsek and Personnel Contracting


Authors: Emily Haar, Professor Andrew Stewart

Service: Employment & Labour | Employment Relations Podcast

In this special edition of the Employment Law for the Time Poor Podcast, join Emily Haar and Professor Andrew Stewart for a discussion on the implications of the High Court’s decisions in Jamsek and Personnel Contracting, which have adjusted the way in which the “multi-factor test” for considering whether a worker is an employee or independent contractor is conducted.

Rather than the broader factual circumstances being relevant, the focus now is solely on the contractual terms, unless the arrangement is a sham, or has been varied by conduct.  While defending an independent contracting arrangement is now somewhat easier, each situation will need to be assessed on a case by case basis, and contractual drafting is vitally important.

For further discussion of these cases, see our insight at:, or Episode 13 of the podcast for a discussion about the Full Federal Court decisions:

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