s 358
In forceDismissing to engage as independent contractor
Volume 2Chapter 2, Part 2-5 to Chapter 3A, Part 3A-5 (sections 258 to 536NK)
Chapter 3Rights and responsibilities of employees, employers, organisations etc.
Part 3-1General protections
Division 6Sham arrangements
Subdivision AIndependent contracting
358 Dismissing to engage as independent contractor
An employer must not dismiss, or threaten to dismiss, an individual who:
(a)
is an employee of the employer; and
(b)
performs particular work for the employer;
in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services.
Note:
This section is a civil remedy provision (see Part 4‑1).
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