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ARTICLE · 09 MARCH 2011

Contractors v Employees: The differences and why it matters - Part 3

The aim of this paper is to provide an overview of the regulatory considerations facing employers/principals who enter into contracts for service with contractors, or who are considering doing so as an alternative to a typical employment arrangement.

AustraliaEmployment and HR

Article by Andrew Tobin, Partner

7. 'Failing to plan': The decision in Ripley v Ingles Marketing

Numerous cases illustrate the consequences of failing to plan or properly implement a plan for undertaking a contracting arrangement. Various examples are mentioned throughout this paper.

I have chosen to highlight the decision in the Queensland Industrial Relations Commission in Ripley v Ingles Marketing Pty Ltd36, for a few reasons, not the least of which is that I had some background involvement in the proceedings. The case is typically illustrative of the way in which disputes about the status of workers might unfold and how, in the litigious environment, such a dispute is resolved.

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