Price, Leonard Charles v. Grant Industries Pty Ltd [1978] FCA 67

Price, Leonard Charles v. Grant Industries Pty Ltd [1978] FCA 67

The cumulative indicia of the arrangement, including claimant's independence in using his own truck and tools, being paid for end results rather than time, lack of entitlement to holiday or sick pay, and no right reserved by the respondent to control in the performance of the work, establish the relationship as one of independent contractor, not employment. Therefore, the claimant was not entitled to award benefits such as holiday pay.

Parties
Claimant: Leonard Charles Price; Respondent: Grant Industries Pty. Ltd.
Jurisdiction
Australia
Judgment Date
10 August 1978
Procedural Posture
Industrial Breach, Penalty Summons / Judgment at First Instance
Outcome
Summons dismissed
Legal Topics
Employment Status, Breach of Award, Holiday Pay, Contract of Service Vs Contract for Services, Remuneration, Employee or Independent Contractor
Industrial Law Employment Status Breach of Award Holiday Pay Contract of Service Vs Contract for Services Remuneration Employee or Independent Contractor

Case Brief

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Parties

Leonard Charles Price

Claimant

Grant Industries Pty. Ltd.

Respondent

Procedural Posture

Industrial Breach, Penalty Summons / Judgment at First Instance

Legal Issues

  1. 1 Whether the relationship between the claimant and the respondent was one of employer and employee or entrepreneur and independent contractor
  2. 2 Whether the claimant was entitled to holiday pay under the Furnishing Trades (Consolidated) Award 1975

Ratio Decidendi

The cumulative indicia of the arrangement, including claimant's independence in using his own truck and tools, being paid for end results rather than time, lack of entitlement to holiday or sick pay, and no right reserved by the respondent to control in the performance of the work, establish the relationship as one of independent contractor, not employment. Therefore, the claimant was not entitled to award benefits such as holiday pay.

Court Disposition

Summons dismissed

Orders

  • The summons herein be dismissed.