VACIK DISTRIBUTORS PTY LTD v KELLY [1995] NSWCA 480
Despite the informality and absence of day-to-day supervision, the appellant retained the right of control over the respondent. The respondent's work and presentation were as the person in charge of the appellant's chillers and business at Carinda, and the arrangement showed a relationship of employment under the Act. The trial judge's decision that employment existed was correct.
- Parties
- Appellant: Vacik Distributors Pty Ltd; Respondent: Kelly
- Jurisdiction
- Australia
- Judgment Date
- 28 July 1995
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Worker Status, Contract of Service, Right to Control, Deemed Worker, Employment Relationship
Case Brief
Summary, issues, holding and outcome
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Parties
Vacik Distributors Pty Ltd
Appellant
Kelly
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the respondent was a 'worker' within the meaning of s3 of the Workers Compensation Act 1987
- 2 Whether the respondent was a deemed worker under Schedule 1 CLS of the Act
- 3 Whether the right to control was sufficient to establish employment
Ratio Decidendi
Despite the informality and absence of day-to-day supervision, the appellant retained the right of control over the respondent. The respondent's work and presentation were as the person in charge of the appellant's chillers and business at Carinda, and the arrangement showed a relationship of employment under the Act. The trial judge's decision that employment existed was correct.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
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