29 Oct 2020

Webinar: Owner driver or employee? Court creates uncertainty about contractor arrangements in road transport

In this webinar, we discuss the Jamsek decision and its implications for principal contractors. 

Drawing a line between a contractor and an employee has usually been simple in the road transport industry: if the worker supplies a truck, they’re a subcontractor; if not they’re an employee. The Federal Court has recently upended that traditionally simple understanding. In the recent decision of Jamsek v ZG Operations, the Court found that two drivers who had been treated as subbies for 20 years were in fact employees all along. The decision means that many workers treated as owner drivers could potentially be found to be employees.

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Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.