Section 358 — Fair Work Act 2009 (Cth)

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).

Related sections

• s 355 — Coercion—allocation of duties etc. to particular person
• s 356 — Objectionable terms
• s 357 — Misrepresenting employment as independent contracting arrangement
• s 359 — Misrepresentation to engage as independent contractor
• s 359B — Dismissing to engage as casual employee
• s 359C — Misrepresentation to engage as casual employee

Research how courts apply s 358

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.