Hayden v Brond [1996] IRCA 448

Hayden v Brond [1996] IRCA 448

The appeal was dismissed because the evidence did not establish that Ms Hayden was an employee of Ms Brond. The arrangements showed substantial involvement by the "Sunday Times" in selecting and supervising paper sellers, and Ms Brond was an area supervisor paid an agreed fee rather than conducting her own...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 September 1996
Procedural Posture
Proceedings Under S. 170 EA of the Industrial Relations Act / Appeal From a Single Judge of the Industrial Relations Court of Australia
Outcome
Appeal dismissed.
Legal Topics
['employee and Employer Relationship' 'independent Contractor' 'termination of Relationship' 'paper Sellers and Area Supervisor']
['industrial Relations' 'employment Law'] ['employee and Employer Relationship' 'independent Contractor' 'termination of Relationship' 'paper Sellers and Area Supervisor']

Source-derived case record

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Procedural Posture

Proceedings Under S. 170 EA of the Industrial Relations Act / Appeal From a Single Judge of the Industrial Relations Court of Australia

Legal Issues

  1. 1 ['Whether there was satisfactory proof of an employee and employer relationship between Colleen Hayden and Vicki Brond.' 'Whether the primary judge was correct to dismiss the application on the basis that Ms Hayden was not an employee of Ms Brond.']

Ratio Decidendi

The appeal was dismissed because the evidence did not establish that Ms Hayden was an employee of Ms Brond. The arrangements showed substantial involvement by the "Sunday Times" in selecting and supervising paper sellers, and Ms Brond was an area supervisor paid an agreed fee rather than conducting her own enterprise. The material at best suggested that Ms Hayden may have been connected with the "Sunday Times" or was an independent contractor, but did not prove an employee and employer relationship with Ms Brond, the only respondent to the proceedings.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.']