Patrick John Jackson v Northshore Realty Pty Ltd [1995] IRCA 209

Patrick John Jackson v Northshore Realty Pty Ltd [1995] IRCA 209

The management agreement and related contracts established that the Jackson Company, not Mr Jackson personally, was to manage the business; Mr Jackson was engaged as manager by the Jackson Company, not Northshore Realty, and no direct employment relationship existed between Mr Jackson and Northshore Realty. The management agreement was not a sham; thus, Mr Jackson was not an employee of Northshore Realty and is not entitled to relief.

Jurisdiction
Australia
Judgment Date
18 May 1995
Procedural Posture
Industrial Law Unlawful Termination / Review of Judicial Registrar's Decision
Outcome
Application for review refused; application dismissed
Legal Topics
['unlawful Termination' 'employment Status' 'sham Arrangements' 'management Agreement']
['industrial Law'] ['unlawful Termination' 'employment Status' 'sham Arrangements' 'management Agreement']

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Procedural Posture

Industrial Law Unlawful Termination / Review of Judicial Registrar's Decision

Legal Issues

  1. 1 ['Whether the applicant was employed by the respondent' 'Whether the management agreement was a sham']

Ratio Decidendi

The management agreement and related contracts established that the Jackson Company, not Mr Jackson personally, was to manage the business; Mr Jackson was engaged as manager by the Jackson Company, not Northshore Realty, and no direct employment relationship existed between Mr Jackson and Northshore Realty. The management agreement was not a sham; thus, Mr Jackson was not an employee of Northshore Realty and is not entitled to relief.

Court Disposition

Application for review refused; application dismissed

Orders

  • ["The applicant's motion for review be refused." 'The order made on 16 December 1994 that the application be dismissed be confirmed.']