ALVAREZ v FIDREZ [1997] NSWCA 15

ALVAREZ v FIDREZ [1997] NSWCA 15

The appellant ceased to be an employee of the respondent in March 1990, when by mutual agreement the prior employment ended and was replaced with a commercial arrangement with Paxti Welding Services Pty Ltd as independent subcontractor. Therefore, the appellant was not a worker under s3 or the deeming provisions of the Workers Compensation Act 1987.

Parties
Appellant: URJ Alvarez; Respondent: Fidrez Engineering Pty Ltd
Jurisdiction
Australia
Judgment Date
27 August 1997
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Employee Vs Subcontractor Status, Definition of Worker, Termination of Employment, Workers Compensation Act 1987
Employment Law Workers Compensation Employee Vs Subcontractor Status Definition of Worker Termination of Employment Workers Compensation Act 1987

Case Brief

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Parties

URJ Alvarez

Appellant

Fidrez Engineering Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether appellant's employment was terminated and replaced with a subcontracting arrangement
  2. 2 Whether appellant was a worker under s3 of the Workers Compensation Act 1987
  3. 3 Whether appellant fell within the deeming provisions for workers under Schedule 1, cl2 of the Act

Ratio Decidendi

The appellant ceased to be an employee of the respondent in March 1990, when by mutual agreement the prior employment ended and was replaced with a commercial arrangement with Paxti Welding Services Pty Ltd as independent subcontractor. Therefore, the appellant was not a worker under s3 or the deeming provisions of the Workers Compensation Act 1987.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.