You are forgetting the beginning of S19 "In this Act, unless the context otherwise requires, a worker means an individual who carries out work in any capacity for a PCBU, including work as—" with the general legal interpretation of an "individual" as a natural person (i.e. a human being)s19.1b defines a worker as a contractor or subcontractor. — Albert
To clarify S27 would not apply to "MattD2 Chippy Ltd" (as that is not an individual worker), but could apply to MattD2 working as a sole trader chippy - the first is a PCBU that's legal entity is a company (and in this case a contracting company), the second would be a PCBU with the legal entity of an individual (and therefore also a worker). As @SafetylawyerNZ said though, this hasn't really been tested yet...unless the subbie is brought on as a contract worker/sole trader — MattD2
It's about sh*tty companies not being able to penalise people for doing the right thing, not the other way around. — Tania Curtin
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