Drive Recruit Pty Ltd v Back

In the case of Drive Recruit Pty Ltd v Back, the issue before the court was the calculation of compensation for a worker who had suffered a work-related injury while employed on a casual basis. The dispute involved concurrent employment, the essential features of a contract of employment, and the calculation of current weekly wage rate, average weekly earnings, and probable earnings. The matter was heard in the New South Wales Court of Appeal.

The legal issues to be decided included whether the worker's current weekly wage rate, average weekly earnings, and probable earnings were correctly calculated, and whether the worker was entitled to weekly compensation for partial incapacity. The court also had to consider whether the orders made by the tribunal were inconsistent with the findings, and whether the employer had complied with relevant practice directions and provided satisfactory written submissions.

The court found that the tribunal had made errors in its calculations and that the orders were inconsistent with the findings. The court also noted that the employer had not complied with relevant practice directions and had provided unsatisfactory written submissions, which had unnecessarily protracted the appeal. As a result, the court revoked certain paragraphs of the tribunal's certificate, remitted the matter to a different arbitrator for re-determination, and ordered the employer to pay the worker's costs of the appeal. The costs of the second arbitration will be determined based on the outcome of that arbitration.