Baffis v Macquarie Health Service

The appeal concerned the interpretation of the *Government and Related Employees Appeal Tribunal Act* (NSW) and the jurisdiction of the Government and Related Employees Appeal Tribunal (GREAT). The appellant, Baffis, sought to appeal a decision of GREAT, but the primary issue was whether Baffis was an "employee" and Macquarie Health Service was an "employer" for the purposes of the Act, and whether Baffis was "in the service of the Crown".

The court was required to determine whether GREAT had jurisdiction to hear Baffis's appeal. This involved construing the definitions of "employee" and "employer" within the *Government and Related Employees Appeal Tribunal Act*, and considering the meaning of being "in the service of the Crown" in the context of the employment relationship between Baffis and Macquarie Health Service.

The Court of Appeal held that the definitions within the Act were not met. It reasoned that Macquarie Health Service was not an employer within the meaning of the Act, and consequently, Baffis was not an employee in the service of the Crown. The court applied the principles of statutory interpretation to the relevant provisions of the Act, concluding that the factual circumstances of the employment did not fall within the scope of the legislation conferring jurisdiction on GREAT.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.