Zatorski, Lucyna v The South Australian Railways Commissioner and/or the General Manager of the State Transport Authority of South Australia [1983] FCA 70

Zatorski, Lucyna v The South Australian Railways Commissioner and/or the General Manager of the State Transport Authority of South Australia [1983] FCA 70

The applicant has not demonstrated that at any time during the relevant period she was employed by either respondent as a salaried officer or as a Ticket Clerk under the Railways Salaried Officers Award 1960. Instead, between 1966 and 1 August 1976, she was engaged as a ticket agent under a contract for services and not entitled to award benefits. Between 1 August 1976 and 28 February 1978, she was an employee covered by the Railways Traffic Permanent Way and Signalling Wages Staff Award 1960.

Parties
Applicant: Lucyna Zatorski; Respondents: The South Australian Railways Commissioner and/or The General Manager of the State Transport Authority of South Australia
Jurisdiction
Australia
Judgment Date
26 April 1983
Procedural Posture
Application Under Industrial Law for Recovery of Wages / Final Judgment at Single Judge Level
Outcome
Application dismissed
Legal Topics
Recovery of Wages, Employee Classification, Award Interpretation, Issue Estoppel
Industrial Law Recovery of Wages Employee Classification Award Interpretation Issue Estoppel

Case Brief

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Parties

Lucyna Zatorski

Applicant

The South Australian Railways Commissioner and/or The General Manager of the State Transport Authority of South Australia

Respondents

Procedural Posture

Application Under Industrial Law for Recovery of Wages / Final Judgment at Single Judge Level

Legal Issues

  1. 1 Whether the applicant was an employee in the legal sense during relevant periods
  2. 2 Which of two awards applies to the applicant’s employment
  3. 3 Construction of relevant awards

Ratio Decidendi

The applicant has not demonstrated that at any time during the relevant period she was employed by either respondent as a salaried officer or as a Ticket Clerk under the Railways Salaried Officers Award 1960. Instead, between 1966 and 1 August 1976, she was engaged as a ticket agent under a contract for services and not entitled to award benefits. Between 1 August 1976 and 28 February 1978, she was an employee covered by the Railways Traffic Permanent Way and Signalling Wages Staff Award 1960.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.