The shift in regulatory focus from employment to work relationships: critiquing reforms to Australian and UK occupational safety and health laws

Abstract

I. INTRODUCTION A key concept in labor and employment laws is the distinction between employment and other forms of work arrangements.' Workplace laws generally regard employees as vulnerable and in need of regulatory protection and specialized commissions, such as the U.K. Employment Tribunals, the Australian Fair Work Commission, and the U.S. National Labor Relations Board.2 In contrast, laws presume nonemployee workers, such as contractors, bailees, and franchisees, to be in commercial arrangements and in less need of protection.' As a result, in most situations, nonemployee workers must rely upon the law of contract and agitate their grievances through the general court system.4 Accordingly, being categorized as an employee has serious consequences for the enforcement of workers' rights