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(p. 65) 3. The Employment Relationship and the Contract of Employment 

(p. 65) 3. The Employment Relationship and the Contract of Employment
(p. 65) 3. The Employment Relationship and the Contract of Employment

David Cabrelli

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date: 11 December 2019

This chapter analyses the various tests adopted by the courts and tribunals in order to distinguish between the contract of employment and the contract for services. It considers the statutory concept of continuous employment. This is an important issue because an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment.

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