Philip Garth v Innerspace Wardrobes [1995] IRCA 495

Philip Garth v Innerspace Wardrobes [1995] IRCA 495

The applicant was found to be an employee based on control, integration in respondent's business, working to schedules established by the respondent, and lack of independence in conducting his own business; payment arrangements and other factors did not outweigh the indicia of employment.

Parties
Applicant: Philip Garth; Respondent: Innerspace Wardrobes
Jurisdiction
Australia
Judgment Date
22 September 1995
Procedural Posture
Industrial Law Proceeding / Ruling on Jurisdictional Issue; Referral for Further Directions
Outcome
Applicant found to be an employee; matter within court jurisdiction under s.170EA of Industrial Relations Act 1988.
Legal Topics
Termination of Employment, Employment Contract Vs Services Contract, Tests for Employee or Independent Contractor
Industrial Law Termination of Employment Employment Contract Vs Services Contract Tests for Employee or Independent Contractor

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Parties

Philip Garth

Applicant

Innerspace Wardrobes

Respondent

Procedural Posture

Industrial Law Proceeding / Ruling on Jurisdictional Issue; Referral for Further Directions

Legal Issues

  1. 1 Whether the applicant was an employee of the respondent or an independent contractor

Ratio Decidendi

The applicant was found to be an employee based on control, integration in respondent's business, working to schedules established by the respondent, and lack of independence in conducting his own business; payment arrangements and other factors did not outweigh the indicia of employment.

Court Disposition

Applicant found to be an employee; matter within court jurisdiction under s.170EA of Industrial Relations Act 1988.

Orders

  • This proceeding be referred to the District Registrar for further directions.