【正文】
, exercising an independent discretion in carrying out a task for his own business interest and who is retained simply to produce a result‖ ( Hollis v Vabu Pty Ltd [2021] HCA 44 (9 August 2021)). Independent contractors therefore cannot avail themselves of the remedies available for wrongful termination of a contract of employment, or qualify for other legal entitlements attached to employment contracts. Contracts of employment can specify whether they establish an ongoing (ie permanent) employment relationship or whether they are for a fixed term only. Casual workers do not have a continuing contract with their employer, instead a new contract is formed for each shift worked. The numbers of employees engaged as 39。 is paratively high in Australia (20 per cent of the employee workforce), but many of these are 39。 and are thus not very different from regular employees. Employment contracts often contain clauses for probationary periods, which may allow either party to terminate the contract without notice, within a specified period, and without penalty. Unless a contract expressly provides that an employee may be suspended, an employer cannot lawfully suspend an employee unless he or she is paid their full wage. However, it should be noted that the ―no work no pay‖ principle does entitle the employer to withhold the payment of wages where a worker has refused to perform his or her obligations under the contract fully. An employer may terminate a contract of employment on a number of grounds. Firstly, a contract may generally be summarily terminated if an employee declines to fulfil any or all of his or her obligations under the contract. Summary termination may also be justified in serious cases of misconduct, such as dishonesty, or if an employee demonstrates a high level of inpetence. At mon law, if an employer transfers or transmits its business to another entity, it is unlikely that the contract between the original employer and employees remains on foot. Nevertheless, the parties often treat the original contract as continuing. Moreover, theWorkplace Relations Act 1996 (Cth) provides that any federal awards or certified agreements binding the original employer will bind its successor (ss 149(1)(d), 170MB(1)). If a contract fails to prescribe length of notice before dismissal, the courts require notice to be of a 39。 Statutory notice requirements supplement the mon law (see, eg, Workplace Relations Act 1996 (Cth) s 170CM) and periods of notice set out in awards and statutory employment agreements. The Federal Act also permits payment of wages in lieu of notice. In cases of an employer39。 entitlements in the event of their employer39。s employment legitimately. This amount may be reduced if the employee fails to mitigate their losses for example, by neglecting to seek employment elsewhere. Reinstatement is possible at mon law only in exceptional circumstances. However it is highly unmon for proceedings to be brought on this basis. Compensation for distress or humiliation is generally not recoverable by employees at mon law. Termination at the initiative of the employee may occur if the employer repudiates the employment contract。 Workplace Relations Regulations 1996 (Cth) regs 30B, 30BA–30BC. These statutes allow proceedings to be brought in the various State tribunals (in the case of State laws) or the Australian Industrial Relations Commission or Federal Court (for claims under the Workplace Relations Act 1996 (Cth) Part VIA, Division 3). Federal Termination of Employment Legislation The Workplace Relations Act 1996 (Cth) permits a worker to apply for relief if: their dismissal was harsh, unjust