Insurance Law

By: Stephen White, Partner, Milton Latta, Senior Associate and Brett Sherwin, Solicitor

In the April 2016 Insurance Newsletter ‘When is a Contractor not a Contractor’, Carter Newell commented on the recent casualisation of workforces and the blurring of lines between ‘employees’ and ‘contractors’.

Another feature of the changing employment landscape has been the increasing outsourcing of labour and the emergence of labour hire companies. One of the principal benefits of outsourcing is that it provides flexibility in fluctuating markets. Another benefit is that organisations that adopt such a practice tend to be less exposed to liability through casual acts of negligence by its workers. However, as demonstrated by a recent decision of the Western Australian Court of Appeal,¹ this is not always the case.

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