The Fair Work Commission has determined an unfair dismissal application made against Deliveroo having regard to recent High Court guidance in respect of the question of whether a person is an employee or contractor.

The test now focuses more on the terms of the written contract in question, but retains the ever important factors of the extent of control by the alleged employer over the activities of the alleged employee, whether the alleged employee is supplied equipment, and the ability of the contractor to delegate without consent.

More than ever the terms of the written contract will be critical to the determination of the capacity of the contracting party.

The decision can be found here

For questions concerning employment and services contracts, please contact Gul-e-Raana Rizvi or Peter Muller at