The Independent Contractors Act 2006
The Independent Contractors Act 2006- allows independent contractors to ask a court to review a contract on the grounds that it’s ‘unfair’ or ‘harsh’. The court may consider:
- the terms of the contract when it was made
- the relative bargaining strengths of the contract parties and, if applicable, anyone acting on their behalf
- whether there was any undue influence or pressure, or any unfair tactics used against, a party to the contract
- whether the contract provides remuneration that is less than that of an employee doing similar work
- any other matters the court thinks is relevant.
- The court may order:
- to change the terms of the contract (for example, adding or removing terms)
- to ‘set aside’ (make ineffective) the whole contract, or part of the contract.