Courts may look beyond contractual labels to determine true employment status, applying a purposive approach to defeat sham self-employment arrangements.
Employment
Australian law does not recognise an implied duty of mutual trust and confidence in employment contracts, departing from the UK position in Malik v BCCI.
The High Court considered the implication of terms into employment contracts, including whether a term of good faith or fair dealing could be implied at common law to constrain unfair dismissal.
An employer must not exercise contractual discretion irrationally or in bad faith; HK leading authority equivalent to Braganza on implied limitations on contractual discretion.
Get a detailed analysis of Autoclenz Ltd v Belcher and how it applies to your situation.
Explain Autoclenz Ltd v Belcher