True Employer or Employer on Paper? Lessons from Mosaic and Coburn

Amanda Coneyworth and Maria Psomas of KPMG share lessons for lenders, receivers, and administrators from two recent decisions addressing the identity of the true employer in corporate insolvencies, contrasting the Mosaic Brands decision, where the Court looked beyond employment contracts to find that an assetless subsidiary was not the genuine employer, with the Federal Court’s subsequent Coburn decision, which upheld a conventional group employment structure supported by commercial substance.

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