Michael York v Minister for Lands [2007] NSWIRComm 251

Michael York v Minister for Lands [2007] NSWIRComm 251

Mr York was not an employee for the purposes of Pt 6 Ch 2 of the Industrial Relations Act 1996. He held a statutory appointment to a voluntary Trust Board position, received no remuneration, was not entitled to remuneration, had no contract of employment with the Minister or Department of Lands, and the parties' conduct did not evince an intention to create a legally enforceable employment relationship. The asserted controls arose from statutory obligations under the Crown Lands Act rather than employer control. Considering the totality of the relationship and the indicia of employment, the Commission lacked jurisdiction to hear the unfair dismissal claim.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Application for Relief in Respect of Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision on Notice of Motion Seeking Dismissal for Want of Jurisdiction
Outcome
Notice of motion granted; unfair dismissal application dismissed for want of jurisdiction; proceedings concluded.
Legal Topics
['unfair Dismissal' 'jurisdiction of the Commission' 'employee Status' 'statutory Office Holder' 'reserve Trust Board Appointment and Removal' 'out of Time Application']
['industrial Relations' 'employment Law' 'crown Lands'] ['unfair Dismissal' 'jurisdiction of the Commission' 'employee Status' 'statutory Office Holder' 'reserve Trust Board Appointment and Removal' 'out of Time Application']

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Procedural Posture

Application for Relief in Respect of Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision on Notice of Motion Seeking Dismissal for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether Michael York, as a member and chairman of the Gulgong Racecourse Reserve Trust Board, was an employee for the purposes of Pt 6 Ch 2 of the Industrial Relations Act 1996.' 'Whether the Commission had jurisdiction to determine the unfair dismissal application and order remedies under s 89 of the Industrial Relations Act 1996.' 'Whether the unfair dismissal application, filed 144 days out of time, should be accepted under s 85(3) of the Industrial Relations Act 1996.']

Ratio Decidendi

Mr York was not an employee for the purposes of Pt 6 Ch 2 of the Industrial Relations Act 1996. He held a statutory appointment to a voluntary Trust Board position, received no remuneration, was not entitled to remuneration, had no contract of employment with the Minister or Department of Lands, and the parties' conduct did not evince an intention to create a legally enforceable employment relationship. The asserted controls arose from statutory obligations under the Crown Lands Act rather than employer control. Considering the totality of the relationship and the indicia of employment, the Commission lacked jurisdiction to hear the unfair dismissal claim.

Court Disposition

Notice of motion granted; unfair dismissal application dismissed for want of jurisdiction; proceedings concluded.

Orders

  • ['The notice of motion filed by the Department of Lands in matter IRC07/519 is granted.' 'The application for unfair dismissal in matter IRC07/519 filed by Mr Michael York on 8 May 2007 is dismissed.' 'The proceedings are concluded.']