Purvis v Chiefton Management Pty Ltd [1996] IRCA 200

Purvis v Chiefton Management Pty Ltd [1996] IRCA 200

The relevant legal relationship was between the respondent and the partnership involving the applicant, not the applicant individually; therefore, the applicant could not be considered an employee for the purposes of the Industrial Relations Act and the Court had no jurisdiction.

Source-derived case information.

Parties
Applicant: Martin Anthony Purvis; Respondent: Chiefton Management Pty Ltd (t/as Brookes Maintenance Services)
Jurisdiction
Australia
Judgment Date
06 May 1996
Procedural Posture
Industrial Application / Final Judgment
Outcome
Application dismissed for want of jurisdiction
Legal Topics
Employment Relationship, Partnership and Taxation, Jurisdiction
Industrial Law Employment Relationship Partnership and Taxation Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

Martin Anthony Purvis

Applicant

Chiefton Management Pty Ltd (t/as Brookes Maintenance Services)

Respondent

Procedural Posture

Industrial Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant was an employee of the respondent
  2. 2 Whether the relevant legal relationship existed between applicant and respondent or between respondent and applicant's partnership
  3. 3 Jurisdiction of the Court to determine the application

Ratio Decidendi

The relevant legal relationship was between the respondent and the partnership involving the applicant, not the applicant individually; therefore, the applicant could not be considered an employee for the purposes of the Industrial Relations Act and the Court had no jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • The application be dismissed.