Polkowski v Corporate Associates Pty Ltd

Rick Polkowski applied to the Industrial Relations Court of Australia seeking a remedy under the Industrial Relations Act 1988, following the termination of his arrangement with Corporate Associates Pty Ltd on 13 November 1995. The primary defence of the respondent was that the relationship between the parties was not one of employment. Polkowski sought one week's pay in lieu of notice and two weeks additional compensation for the period it took him to obtain alternative employment. The respondent argued that it had retained the services of a company Sixty-First S.C.M. Pty Limited, and therefore the Court did not have jurisdiction.

The legal issue before the court was whether the relationship between the parties was an employment contract or some other type of relationship. The court was required to consider a variety of indicia to determine the nature of the relationship between the parties. The court considered the terms of the written agreement in the light of the circumstances surrounding its making. The court also had to consider the conduct of the parties, including any express agreement to label the relationship between the parties.

The court found that the parties genuinely agreed that the agreement would be between the respondent and the company. Their conduct after the agreement was consistent with that agreement. The court was satisfied that the parties agreed that Polkowski would not be an employee, but his services would be delivered through a company. The court found that the arrangement was between the company and the respondent and not between Polkowski and the respondent. On this basis, the application was dismissed.

The court dismissed the application and made no orders in favour of Polkowski. The court found that the relationship between the parties was not one of employment and therefore did not have jurisdiction to hear the matter. The court dismissed the application and made no orders in favour of Polkowski.