Rizk v Basseal [2024] FCA 647

Rizk v Basseal [2024] FCA 647

The appellant, Mr Rizk, was not an employee of BB Dundas Pty Ltd as determined by the primary judge. The oral arrangement and the evidence showed he worked on his own account, was paid cash, decided his days and hours, was not subject to control, and there was no error in the primary judge’s conclusion nor grounds that could overturn the findings. The principles from Personnel Contracting and EFEX Group apply regardless of contract format; indicia relied on are only those established by contract, not performance or checklist. The appeal failed on all grounds.

Jurisdiction
Australia
Judgment Date
19 June 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['employee Vs Contractor Status' 'standard of Appellate Review' 'oral Contract Determination' 'multifactorial Test Status' 'summary Dismissal Application']
['industrial Law' 'employment and Industrial Relations'] ['employee Vs Contractor Status' 'standard of Appellate Review' 'oral Contract Determination' 'multifactorial Test Status' 'summary Dismissal Application']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the appellant was an employee of BB Dundas Pty Ltd for the purposes of Fair Work Act 2009 (Cth)' "Correctness of primary judge's determination of employee status" 'Application of legal principles in absence of written contract' 'Appropriate standard of review for employment status' 'Exercise of control as indicium of employment relationship']

Ratio Decidendi

The appellant, Mr Rizk, was not an employee of BB Dundas Pty Ltd as determined by the primary judge. The oral arrangement and the evidence showed he worked on his own account, was paid cash, decided his days and hours, was not subject to control, and there was no error in the primary judge’s conclusion nor grounds that could overturn the findings. The principles from Personnel Contracting and EFEX Group apply regardless of contract format; indicia relied on are only those established by contract, not performance or checklist. The appeal failed on all grounds.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed with no order as to costs.' "The respondents' interlocutory application filed on 14 March 2024 be dismissed with no order as to costs."]