Commentary

(b) The statutory presumption

Division BI Pay
| Commentary

(b) The statutory presumption

| Commentary

(b)     The statutory presumption

One important point in this context is that where the issue of worker status is finely balanced, the provisions of NMWA 1998 s 28(1) may help to resolve the issue. That section provides that 'where in any civil proceedings any question arises as to whether an individual qualifies … for the national minimum wage it shall be presumed that the individual qualifies unless the contrary is established.' The wording of this section, which effectively reverses the burden of proof, would appear to be broad enough to cover issues of employment status, with the result

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