Masri v Nenny Santoso and anor [2004] NSWIRComm 108

Masri v Nenny Santoso and anor [2004] NSWIRComm 108

The Commission found that, whether an employment contract or not, there existed at least an 'arrangement' within the meaning of the Act, pursuant to which the applicant performed substantial domestic work over approximately four years for inadequate remuneration, in circumstances of her severe vulnerability and dependency. The arrangement was declared unfair and void, and the Commission ordered the respondents to pay $95,000 to the applicant, exercising its discretion as to what was just given the circumstances, as no award directly applied and there was insufficient evidence of actual market rates for the work performed.

Jurisdiction
Australia
Judgment Date
28 April 2004
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 (nsw) / Judgment
Outcome
The contract was declared unfair and wholly void except to the extent of any monies already paid. Respondents were ordered to pay the applicant $95,000 plus interest and reasonable costs. Orders were stayed for 21 days pending any application to re-list the matter; otherwise, the orders become final.
Legal Topics
['unfair Contracts' 'employment Arrangements' 'domestic Work' 'live in Worker' 'compensation for Work Performed']
['industrial Relations' 'employment Law'] ['unfair Contracts' 'employment Arrangements' 'domestic Work' 'live in Worker' 'compensation for Work Performed']

Case Brief

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Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 (nsw) / Judgment

Legal Issues

  1. 1 ['Whether the arrangement or contract between the applicant and respondents was a contract of employment or other arrangement to which the jurisdiction of the Commission attaches under s 106 of the Industrial Relations Act 1996 (NSW)' 'Whether the contract or arrangement was unfair and contrary to public interest' 'Whether the applicant was entitled to remuneration for the work performed and, if so, in what amount' 'Whether the contract should be declared void']

Ratio Decidendi

The Commission found that, whether an employment contract or not, there existed at least an 'arrangement' within the meaning of the Act, pursuant to which the applicant performed substantial domestic work over approximately four years for inadequate remuneration, in circumstances of her severe vulnerability and dependency. The arrangement was declared unfair and void, and the Commission ordered the respondents to pay $95,000 to the applicant, exercising its discretion as to what was just given the circumstances, as no award directly applied and there was insufficient evidence of actual market rates for the work performed.

Court Disposition

The contract was declared unfair and wholly void except to the extent of any monies already paid. Respondents were ordered to pay the applicant $95,000 plus interest and reasonable costs. Orders were stayed for 21 days pending any application to re-list the matter; otherwise, the orders become final.

Orders

  • ['The contract between the applicant and the respondents is declared unfair from inception and void except as to any monies paid.' 'The respondents shall jointly and severally pay the applicant $95,000 in connection with the voided contract.' 'The respondents shall pay interest on this sum per Supreme Court Act...