MATTHEWS v MAINSTREAM MARKETING PTY LTD [1997] IRCA 62

MATTHEWS v MAINSTREAM MARKETING PTY LTD [1997] IRCA 62

Although some indicia, particularly retention of control by Mr Arthur, supported employment, the Court preferred Mr Arthur's evidence and found that the expected short-term nature of the work, the respondent's financial position, the absence of ordinary employment indicia, and statements that the applicant worked for himself and would pay his own tax and superannuation showed that the relationship was properly characterised as contractor rather than employer and employee. The applicant was therefore not entitled to proceed under the Act.

Jurisdiction
Australia
Judgment Date
28 February 1997
Procedural Posture
Application Concerning Alleged Unlawful Termination Under the Workplace Relations Act 1996 (cth) / Preliminary Issue as to Whether the Applicant Was an Employee Covered by the Act
Outcome
Application dismissed.
Legal Topics
['unlawful Termination' 'jurisdiction' 'employment Relationship' 'employee or Contractor' 'services Contract']
['industrial Law' 'employment Law'] ['unlawful Termination' 'jurisdiction' 'employment Relationship' 'employee or Contractor' 'services Contract']

Case Brief

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Procedural Posture

Application Concerning Alleged Unlawful Termination Under the Workplace Relations Act 1996 (cth) / Preliminary Issue as to Whether the Applicant Was an Employee Covered by the Act

Legal Issues

  1. 1 ['Whether the applicant was an employee of the respondent or a consultant or contractor' 'Whether the applicant was covered by the Workplace Relations Act 1996 (Cth) so as to proceed in the Court']

Ratio Decidendi

Although some indicia, particularly retention of control by Mr Arthur, supported employment, the Court preferred Mr Arthur's evidence and found that the expected short-term nature of the work, the respondent's financial position, the absence of ordinary employment indicia, and statements that the applicant worked for himself and would pay his own tax and superannuation showed that the relationship was properly characterised as contractor rather than employer and employee. The applicant was therefore not entitled to proceed under the Act.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.']