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Australia
Leading Case
employee vs contractortotality of relationshipemployer liabilitygig economy
Hollis v Vabu Pty Ltd
(2001) 207 CLR 21
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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