Question 6 (50 – 100 words)
Explain how the case of Hollis v Vabu Pty Ltd (2001) 207 CLR 201 demonstrates the imbalance of power in some
work relationships.
The case of Hollis v Vabu Pty Ltd (2001) 207 CLR 201 highlights the power imbalance that exists in some work relationships, particularly those involving independent contractors. In this case, the High Court of Australia examined the employment relationship between Vabu Pty Ltd and bicycle couriers working for the company. The court found that despite Vabu classifying the couriers as independent contractors, they were actually employees. This decision was based on the fact that the couriers had little control over their work and were economically dependent on Vabu.
This case demonstrates the imbalance of power because it reveals how employers can exploit their workers by misclassifying them as independent contractors to avoid providing employment benefits and protections. The court's ruling emphasizes the need for the law to protect workers in situations where the power dynamics between employer and worker are unequal.