Mohamed v Barnardos Australia Ltd

Saadiyo Mohamed, a carer who cared for children at her home in Auburn, sought workers compensation benefits against Barnardos Australia Ltd (Barnardos) for injuries she claimed to have sustained while working for them. The Arbitrator found that Ms Mohamed was not a worker employed by Barnardos, nor a “deemed worker” within the meaning of the Workers Compensation Act 1998. The Arbitrator also found that Ms Mohamed had not suffered an injury on 1 July 2011. Ms Mohamed appealed these findings. The appeal was heard on the papers. The court found that the Arbitrator had erred in concluding that Ms Mohamed was not a worker employed by Barnardos. The court found that Ms Mohamed was an independent contractor. The Arbitrator's finding that Ms Mohamed was not a "deemed worker" was found to be unaffected by his error. The Arbitrator had not made a finding on the issue of injury. The appeal was dismissed. The Arbitrator's orders were confirmed.