Australia Leading Case vicarious liabilityemploymentindependent contractorstorts

Hollis v Vabu Pty Ltd

(2001) 207 CLR 21

JurisdictionAustralia

CourtHigh Court of Australia

Year2001

StatusBinding authority

Summary

Multifactorial test displaces parties' label in classifying worker as employee or independent contractor for vicarious liability purposes.

Key Principle

Whether a worker is an employee (giving rise to vicarious liability) or an independent contractor is determined by a multifactorial assessment of the totality of the relationship — the parties' label is not determinative. Bicycle couriers held to be employees notwithstanding contractual designation as contractors.

Area of Law

torts: vicarious liability

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