Vernon v Broadwall Pty Ltd [2002] NSWIRComm 41

Vernon v Broadwall Pty Ltd [2002] NSWIRComm 41

The delay in filing was acceptable and the application was allowed out of time, but the applicant was not an employee. The evidence showed a commercial joint venture initiated by the applicant, no contract of employment, payments that were not properly categorised as wages, and freedom under the Control Test to set his own hours and determine his work. There was therefore no dismissal from employment to ground jurisdiction.

Jurisdiction
Australia
Judgment Date
12 March 2002
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Arbitration Proceedings and Decision
Outcome
Application dismissed.
Legal Topics
['application Out of Time' 'jurisdiction' 'employee or Joint Venture Partner' 'contract of Employment']
['industrial Relations' 'unfair Dismissal'] ['application Out of Time' 'jurisdiction' 'employee or Joint Venture Partner' 'contract of Employment']

Case Brief

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Arbitration Proceedings and Decision

Legal Issues

  1. 1 ['Whether the unfair dismissal application should be accepted out of time under s85(3) of the Industrial Relations Act 1996.' 'Whether the applicant was an employee of the respondent whose employment was terminated, giving rise to jurisdiction.' "Whether the applicant's conduct would in any event give rise to relief."]

Ratio Decidendi

The delay in filing was acceptable and the application was allowed out of time, but the applicant was not an employee. The evidence showed a commercial joint venture initiated by the applicant, no contract of employment, payments that were not properly categorised as wages, and freedom under the Control Test to set his own hours and determine his work. There was therefore no dismissal from employment to ground jurisdiction.

Court Disposition

Application dismissed.

Orders

  • ['Acceptance of the application out of time allowed.' 'The application is dismissed.']