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Identifying an employer.

04/06/2010

Mr Adonovski was injured while working at premises controlled by Park-Tec Engineering, a wholly owned subsidiary of Barbeques Galore Ltd.  He took a common law negligence claim against Park-Tec.  However, Park-Tec defended the action on the basis that the Workplace Injury Management and Workers Compensation Act 1998 prevents an employee taking common law proceedings against an employer.  Mr Adanovski said that an employment form, payslips, payment summary and a letter of termination proved that he was employed by Barbeque Galore, not Park-Tec.

Park-Tec compared tort cases distinguishing employees from independent contractors to argue that Park-Tec was the employer, because it had control over the work premises, because Mr Adonovski’s work contributed to Park-Tec’s operations and Park-Tec approved Mr Adonovski’s leave.

The New South Wales Court of Appeal accepted that the employment documentation established that Barbeques Galore was Mr Adonovski’s employer. It held the tort cases did not assist in determining which entity within the corporate group was the actual employer.

Read the judgement in Vlado Adonovski v Park Tec Engineering Pty & Anor [2009] NSWCA 30

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