This thesis is concerned with the nature of employment-type relationships that currently
exist in Australia, with specific regard to the meaning of the terms 'employer,'
'employee,' and the 'employer-employee relationship', and the extent to which the
employee-independent contractor dichotomy is respected.
This thesis seeks to show how current legislation at federal, state and territory level is
largely inconsistent in defining key terms; to explain why this is problematic; and to
propose a workable solution.
An examination is made of the common law as it currently stands, followed by an
investigation of federal, state and territory revenue, superannuation, workers'
compensation and employment laws that govern or affect employer-employee and
principal-contractor relationships.
The thesis recognises that there currently exists no comprehensive solution to the
problems plaguing the employee-contractor dichotomy, and an all encompassing
solution is proposed. The solution presented moves away from the traditional common
law approach, rejects a statutory definitional approach, and instead adopts the principles
of the Torrens Title system to land ownership in Australia.
Following this proposed solution, alternate models and arguments are compared and
contrasted.
| Identifer | oai:union.ndltd.org:ADTP/219598 |
| Date | January 2006 |
| Creators | Klomp, Peter John, n/a |
| Publisher | University of Canberra. Law |
| Source Sets | Australiasian Digital Theses Program |
| Language | English |
| Detected Language | English |
| Rights | ), Copyright Peter John Klomp |
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