Rawsthorne v Fun over Fifty Pty Ltd

In *Rawsthorne v Fun over Fifty Pty Ltd*, the applicant, Ms Rawsthorne, brought a small claim against the respondent, Fun over Fifty Pty Ltd, alleging she was an employee and therefore entitled to certain entitlements. The dispute centred on the true nature of Ms Rawsthorne's relationship with the company.

The primary legal issue before the court was to determine whether Ms Rawsthorne was an employee of Fun over Fifty Pty Ltd or a volunteer. This determination was crucial for establishing whether she was entitled to claim unpaid wages and other entitlements typically afforded to employees under Australian industrial law.

Judge Vasta found that Ms Rawsthorne was indeed an employee. The court applied the multifactorial test commonly used in Australian employment law to distinguish between employees and independent contractors, and in this context, volunteers. This test involves considering various factors such as the degree of control exercised by the employer, the method of payment, the provision of equipment, the opportunity for profit or loss, and the integration of the individual into the employer's business. Based on the evidence presented, the court concluded that the relationship bore the hallmarks of employment, rather than a purely voluntary arrangement. The application was therefore granted.