NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Joseph Tay and A Fanous & F Fanous & J Goubran & M E Goubran trading as Five Dock Newsagency [2009] NSWIRComm 1094
APPLICANT PARTIES: Joseph Tay RESPONDENTS A Fanous & F Fanous & J Goubran & M E Goubran trading as Five Dock Newsagency
FILE NUMBER(S): IRC 604 of 2009
CORAM: Bishop C
CATCHWORDS: Unfair dismissal - newspaper delivery driver - newsagency - complaints and instances of non-delivery - services terminated - alleged unfairly dismissed - compensation sought - jurisdictional issue - employee or contractor. HELD - based on evidence and applicable principles - contractor not employee - application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Clarkson v Dent (1998) 84 IR 250 Dee Donovan v Tanya Sullivan t/as Blaze on Stage Pty Ltd [2005]NSWIRComm 362 CASES CITED: Dhillon v Call Australia (1996) 68 IR 1 Stevens v Bodribb Sawmilling Company Pty Ltd (1986) 160 CLR 16 Vabu Pty Limited v Federal Commissioner of Taxation (1996) 96 ATC 4898
HEARING DATES: 22 October 2009
DATE OF JUDGMENT: 7 December 2009
APPLICANT: Mr J Tay LEGAL REPRESENTATIVES: RESPONDENTS: Mr A Fanous
DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: BISHOP C
7 December 2009
Matter No IRC 604 of 2009
Joseph Tay and A Fanous & F Fanous & J Goubran & M E Goubran trading as Five Dock Newsagency
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