'The Shift in Regulatory Focus from Employment to Work Relationships: Critiquing Reforms to Australian and UK Occupational Safety and Health Laws' (2014)

Posted: 21 Feb 2014

See all articles by Paul Harpur

Paul Harpur

University of Queensland - T.C. Beirne School of Law

Philip James

Middlesex University - Business School

Date Written: February 21, 2014

Abstract

A key concept in labour and employment laws is the distinction between employment and other forms of work arrangements. Workplace laws generally presume non-employee workers, such as contractors, bailees, and franchisees are in commercial arrangements and provide such workers limited or no protection. The paper analyses how national OHS laws in Australia and the UK have sought to extend protection to those undertaking remunerated work in a relationship which is not governed by an employment contract, and considers their policy implications. This paper argues that the employment contract is simply one form of arranging remunerated work, and that law makers should embrace models that more accurately reflect sources of workplace vulnerability.

Keywords: Labour Laws, Employment Law, UK, Australia

Suggested Citation

Harpur, Paul David and James, Philip, 'The Shift in Regulatory Focus from Employment to Work Relationships: Critiquing Reforms to Australian and UK Occupational Safety and Health Laws' (2014) (February 21, 2014). University of Queensland TC Beirne School of Law Research Paper No. 14-13. Available at SSRN: https://ssrn.com/abstract=2399323

Paul David Harpur (Contact Author)

University of Queensland - T.C. Beirne School of Law ( email )

Brisbane, Queensland 4072
Australia

Philip James

Middlesex University - Business School ( email )

The Burroughs
London, NW4 4BT
United Kingdom

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