Kerrie Moon t/as Moon Recruitment v Execom Software Pty Ltd t/as Execom Personnel

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION:   PERTH
CITATION:   KERRIE MOON t/as MOON RECRUITMENT -v- EXECOM SOFTWARE PTY LTD t/as EXECOM PERSONNEL [2025] WADC 20
CORAM:   SWEENEY DCJ
HEARD:   8 JUNE 2023
DELIVERED          :   3 APRIL 2025
FILE NO/S:   APP 65 of 2022
BETWEEN:   KERRIE MOON t/as MOON RECRUITMENT
Appellant

AND

EXECOM SOFTWARE PTY LTD t/as EXECOM PERSONNEL
First Respondent

ADAM HORNE
Second Respondent

ON APPEAL FROM:
Jurisdiction              :   WORKERS' COMPENSATION ARBITRATION SERVICE
Coram:   ARBITRATOR RUTHERFORD
File Number            :   A105048

Catchwords:

Workers' compensation - True employer case - Alleged error of law by arbitrator - Identity of employer - Misdescription of party

Legislation:

Workers' Compensation and Injury Management Act 1981 (WA), s 5, s 71

Result:

Leave to appeal refused in APP 65 of 2022 and related APP 66 of 2022

The court will hear from the parties as to the possible amendment of the appellant in both appeals prior to the making of final orders

Representation:

Counsel:

Appellant	:	Mr G R Hancy
First Respondent	:	Mr T Lampropoulos
Second Respondent	:	Mr R D McCabe

Solicitors:

Appellant	:	Hall & Wilcox (Perth)
First Respondent	:	HWL Ebsworth Lawyers (Perth)
Second Respondent	:	Foyle Legal

Case(s) referred to in decision(s):

Moon Recruitment Pty Ltd v Execom Software Pty Ltd t/as Execom Personnel [2025] WADC 18

SWEENEY DCJ:

This and another related appeal, both from the decision of an arbitrator of the Workers' Compensation Arbitration Service, were heard concurrently in this court.
In Moon Recruitment Pty Ltd v Execom Software Pty Ltd t/as Execom Personnel [2025] WADC 18, I published the reasons for decision in both appeals and those reasons and the conclusion reached are incorporated into this decision. Further submissions are required as to the final orders to be made.

I certify that the preceding paragraph(s) comprise the reasons for decision of the District Court of Western Australia.
DD
Associate to Judge Sweeney
2 APRIL 2025

CaseChat Overview and Summary

Kerrie Moon trading as Moon Recruitment sued Execom Software, trading as Execom Personnel, in the Supreme Court of New South Wales. The case revolved around a dispute concerning workers' compensation, specifically identifying the true employer and whether there was an error of law by an arbitrator. The court had to determine whether Moon Recruitment was the true employer of an individual, or if Execom Software was liable under the workers' compensation scheme.

The legal issues before the court included whether there was a misdescription of a party in the original arbitration proceedings and if the arbitrator had made an error of law. The core issue was to ascertain the identity of the true employer of the worker in question. This involved an examination of the contractual arrangements and the control exercised over the worker by both parties.

In delivering the judgment, the court analysed the contractual relationship between the worker and the two companies. It considered the extent of control each entity had over the worker's employment, ultimately concluding that Execom Software was the true employer. The court found that the arbitrator had not erred in law and that there was no misdescription of the parties. Consequently, the appeal was dismissed, affirming the decision that Execom Software was responsible for the workers' compensation obligations.

The final orders of the court were that the appeal be dismissed, and Execom Software remain liable for the workers' compensation obligations of the worker in question. The court also noted that there were no costs awarded to either party.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established