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The High Court upheld an appeal, holding that a mining-sector dispute over unpaid blasting services was a contract for service claim, not an employment termination dispute.
The appellants failed to prove the existence of an employment relationship with the respondent. The evidence established that the appellants were engaged on contracts for specific tasks, not as employees, and thus were not entitled to remedies for unfair termination under the law.
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The High Court held that the applicant was an independent consultant, not an employee, and dismissed the labour revision, upholding the CMA award.
The applicant's contract was for service as a freelance advertising officer, not employment. The applicant controlled his own work, was paid by commission, and was not supplied with working tools or a salary. Therefore, no employer-employee relationship existed, and the CMA and court lacked jurisdiction over the dispute.
Source excerpt
The High Court upheld a CMA ruling that the dispute involved a contract for service, not an employment relationship, and dismissed the revision application.
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