3.10 Cases on substitution and delegation: against employment
3.10.1 Privy Council
The 1978 case of Australian Mutual Provident Society v Allan (sometimes reported as Australian Mutual Provident Society v Allan) concerned an agent of the Society claiming certain statutory employment rights. He was allowed to appoint sub-agents, and in an echo of MacKenna J’s comments on substitution in Ready Mixed Concrete (see 3.10.3), Lord Fraser of Tullybelton said that:
‘An even stronger indication to the same effect is the agent’s right to appoint sub-agents … . Power of unlimited delegation is almost conclusive against the contract being a contract of service.’
He went on:
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