| CERTIFICATE OF DETERMINATION OF MEMBER | |
| CITATION: | Qoreishi v B2C Delivers Pty Ltd & Anor [2024] NSWPIC 699 |
| APPLICANT: | Sadi Qoreishi |
| RESPONDENTS: | B2C Delivers Pty Ltd |
| Fleet Flyers Pty Ltd | |
| MEMBER: | Adam Halstead |
| DATE OF DECISION: | 13 December 2024 |
| CATCHWORDS: | WORKERS COMPENSATION - Workers Compensation Act 1987 (1987 Act); Workplace Injury Management and Workers Compensation Act 1998 (1998 Act); claim for weekly compensation payments pursuant to section 37 of the 1987 Act; claim for medical treatment expenses pursuant to section 60 of the 1987 Act; whether the applicant was a worker pursuant to section 4 of the 1998 Act; written contract between parties; nature of contract and required services; whether employment or contractor arrangement; ZG Operations Australia Pty Ltd v Jamsek considered; Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd considered; Held – applicant not a worker; award for the respondent. |
| DETERMINATIONS MADE: | The Commission determines: 1. The applicant was not a worker for the purposes of s 4 of the Workplace Management and Workers Compensation Act 1998. 2. Award for the respondent. |
STATEMENT OF REASONS
BACKGROUND
These proceedings are about the nature of the contractual relationship between the parties. The applicant, Mr Sadi Qoreishi, entered a contract with B2C Delivers Pty Ltd (the first respondent). The core of their agreement was that the applicant would transport and deliver goods on behalf of third parties, a home appliance delivery service for certain well-known retail shops. It was a requirement of the contract the applicant would also cooperate with, and accept direction from, the second respondent, Fleet Flyers Pty Ltd.
The applicant claims he was injured during a delivery around 11 March 2022 and that he was a worker employed by either the first respondent or second respondent at the time. He seeks the payment of weekly compensation and expenses for medical and related treatment. The first respondent and second respondent dispute the claim made by the applicant.
The applicant filed an Application to Resolve a Dispute (ARD) in the Personal Injury Commission (Commission) on 29 August 2024 in relation to the disputed claim.
PROCEDURE BEFORE THE COMMISSION
After progressing through the usual preliminary conference and conciliation stages, the matter was before the Commission for arbitration hearing on 8 November 2024. Mr Trainor of counsel, instructed by Ms Limbaco of Walker Law Group, appeared for the applicant, who was also present. The first respondent and second respondent were represented by Mr Stiles of counsel, instructed by Ms Hudson solicitor of Hicksons Lawyers. An interpreter of the Farsi language was present at the hearing.
I am satisfied the parties to the dispute understood the nature of the application and the legal implications of any assertion made in the information supplied. I endeavoured to bring the parties to the dispute to an agreed outcome and am satisfied that the parties have had sufficient opportunity to explore settlement. They were unable to reach agreement on resolution of the dispute.
ISSUES FOR DETERMINATION
The Commission has been requested to determine the…
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- Case
- [2024] NSWPIC 699
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the applicant was a worker under the 1998 Act and, consequently, whether the applicant was entitled to compensation under the 1987 Act. The court examined the nature of the contract and the services required by the contract to determine the relationship between the parties. The court referred to previous cases, including ZG Operations Australia Pty Ltd v Jamsek and Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd, to assist in its determination.
After considering the evidence and the relevant authorities, the court found that the applicant was not a worker within the meaning of the 1998 Act. The court held that the applicant was an independent contractor, and the nature of the contract and the services required did not establish a relationship of employment. Consequently, the applicant was not entitled to compensation under the 1987 Act. The appeal was dismissed, and the award for the respondent was upheld.
No further orders were made by the court.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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