In Zuijs v Wirth's Bros Pty Ltd (1955) ,a trapeze artist who had been hired as an independent contractor claimed he was an employee after he was injured performing his act.Which of the following statements most accurately reflects the High Court's judgement?
A) The circus's right to control how the worker carried out his compulsory incidental duties (such as erecting the circus tent) indicated he was an employee.
B) Since the trapeze artist did not operate as a company he was likely to be an employee.
C) Workers are likely to be employees if they have the right to choose a replacement (such as the right to nominate a replacement trapeze artist if the regular performer is ill) .
D) The worker's significant control over how he performed his dangerous trapeze act indicated that he was an independent contractor.
Correct Answer:
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