Savage v Programmed Maintenance Services [2001] NSWCC 184

Savage v Programmed Maintenance Services [2001] NSWCC 184

Upon assessment of the totality of the relationship including control, integration, remuneration, supply of equipment, and business dependence, Mr Savage was found to be an employee of Programmed Maintenance Services Pty Limited at the time of injury. Accordingly, he is entitled to compensation as a worker under the relevant workers compensation legislation for total incapacity from 20 July 2000 and continuing.

Jurisdiction
Australia
Judgment Date
06 December 2001
Procedural Posture
Workers Compensation / Final Judgment
Outcome
Applicant found to be a worker; entitled to compensation for total incapacity from 20 July 2000.
Legal Topics
['worker V Independent Contractor' 'employment Relationship' 'compensation for Incapacity' 'employer Obligations' 'injury Arising Out of Employment']
['employment Law' 'workers Compensation'] ['worker V Independent Contractor' 'employment Relationship' 'compensation for Incapacity' 'employer Obligations' 'injury Arising Out of Employment']

Case Brief

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Procedural Posture

Workers Compensation / Final Judgment

Legal Issues

  1. 1 ['Whether the applicant was injured arising out of and in the course of employment with the respondent' 'Whether the relationship was that of employer-employee or principal-independent contractor' 'Whether the applicant was totally or partially incapacitated for work and the period of incapacity' "Determination of applicant's pre-injury earning capacity and suitable employment"]

Ratio Decidendi

Upon assessment of the totality of the relationship including control, integration, remuneration, supply of equipment, and business dependence, Mr Savage was found to be an employee of Programmed Maintenance Services Pty Limited at the time of injury. Accordingly, he is entitled to compensation as a worker under the relevant workers compensation legislation for total incapacity from 20 July 2000 and continuing.

Court Disposition

Applicant found to be a worker; entitled to compensation for total incapacity from 20 July 2000.

Orders

  • ['The respondent to pay the worker weekly benefits pursuant to s 37 from 20 July 2000 and continuing at the maximum statutory rate payable from time to time for a worker with two dependent children.' 'The respondent to pay the applicant interest on arrears in weekly benefits at the rate of 3% per annum.' "The...