Swift Placements Pty Limited v WorkCover Authority of New South Wales (Louise May) [2000] NSWIRComm 9

Industrial Relations Commission of New South Wales in Court Session

CITATION : Swift Placements Pty Limited v WorkCover Authority of New South Wales (Louise May) [2000] NSWIRComm 9 APPELLANT Swift Placements Pty Limited PARTIES : RESPONDENT WorkCover Authority of New South Wales (Inspector May) FILE NUMBER: IRC1591 of 1999 CORAM: Wright J President; Walton J Vice-President; Hungerford J Occupational Health and Safety - Appeal by employer against conviction under s 15(1) of the Act - Appellant a labour hire company - Worker engaged by labour hire company to perform work at workplace of another employer - Worker injured at that workplace - Whether legal relationship existed between worker and labour hire company - Whether worker was employee of the labour hire company - Principles to be applied - Nature of control exercised by labour hire company over worker - Control to be understood in the sense of ultimate or legal control - Whether labour hire firm acted as agent for the other employer -Whether employment of worker was transferred from labour hire company to other employer - Held, contract of employment between worker and labour hire company - Appeal dismissed

Contract of Employment - Worker engaged by labour hire company to perform work at workplace of another employer - Whether legal relationship existed between worker and labour hire company - Nature of the relationship - Essentially a question of fact - Principles to be applied - Whether legal relationship existed between worker and other employer - Legal relationship between labour hire company and other employer - Meaning of "employer" and "employee" - Agency relationship - Scope of employment relationship CATCHWORDS : Contract of Employment - "Casual" employee - Whether a continuing relationship amounting to an ongoing or continuing contract of employment