Courts don't just assess full time employees. They also take contractors (and other relationships) into account when determining whether a company is excluded or not.
An example is provided below where another company tried to claim it only had 5-6 employees, but the court took into consideration a call centre doing work on their behalf and denied their rights to sue for defamation.
https://couttslegal.com.au/blog/can-a-company-sue-for-defamation/
"The travel agency argued that it employed only 5 or 6 employees. However, the Court found that argument was not persuasive due to a partnership the travel agency had with a call centre in India."
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