Rekabe v Foxline Logistics

Case [2013] WADC 104


REKABE -v- FOXLINE LOGISTICS [2013] WADC 104
Last Update:  07/08/2013
REKABE -v- FOXLINE LOGISTICS [2013] WADC 104
Jurisdiction: DISTRICT COURT OF WESTERN AUSTRALIA   Citation No: [2013] WADC 104
Case No: APP:94/2012   Heard: 3 APRIL 2013
Coram: DAVIS DCJ   Delivered: 28/06/2013
Location: PERTH   Supplementary Decision:
No of Pages: 34   Judgment Part: 1 of 1
Result: Leave to appeal refused
Appeal dismissed
Leave to respondent to raise a new ground of contention refused
[Click here for Judgment in Adobe Acrobat Format ]
On Appeal from:
Jurisdiction: WORKERS' COMPENSATION ARBITRATION SERVICE (WA)
Coram: ARBITRATOR POWLES
File Number: A 160 of 2011
Parties: MAHDE REKABE
FOXLINE LOGISTICS

Catchwords: Workers' compensation Application for leave to appeal and appeal heard together Whether applicant a 'worker' for purposes of Workers' Compensation and Injury Management Act Extended definition of worker Principles for determining whether the remuneration of a contractor is 'in substance' for his personal manual labour or services Delay in arbitrator's decision Whether arbitrator's decision that an applicant not a 'worker' involved a question of law Whether failure to take into account submissions involved a question of law Arbitrator's reference to a decision not referred to by the parties Adequacy of arbitrator's reasons Late application by respondent to raise a ground of contention not dealt with in hearing below
Legislation: Workers' Compensation and Injury Management Act 1981

Case References: Abebe v Genalysis Laboratory Services Pty Ltd [2010] WACC C13-2011
Atanasoska v Inghams Enterprises Pty Ltd [2009] WASCA 17
Australian Institute of Management v Rossi [2004] WASCA 302
Aziz v Tempo Services Ltd [2009] WACC C6-2009
BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250
Bride v Commonwealth Bank of Australia [No 2] [2007] WASCA 225
Casarotto v Australian Postal Commission (1989) 86 ALR 399
Catholic Education Office (WA) v Granitto [2012] WASCA 266
Duffy v Notch Pty Ltd t/as Foxline Express Network CM19/96
Expectation Pty Ltd v PRD Realty Pty Ltd [2004] FCAFC 189
Marshall v Whittaker's Building Supply Co (1963) 109 CLR 210
Minniti & Son Builders v Luigi De Cinque [2008] WACC C26-2008
Monie v Commonwealth of Australia [2005] NSWCA 25; (2005) 63 NSWLR 729
Mount Lawley Pty Ltd v Planning Commission (WA) [2004] WASCA 149; (2004) 29 WAR 273
O'Brien v Komesaroff [1982] HCA 33; (1982) 150 CLR 310
Rankilor v Circuit Travel [2013] WASCA 148
Ruby v Doric Constructions (Australia) Pty Ltd [2013] WASCA 94
Scope Investigation Services Pty Ltd v Kelly CM65/99
Smith v McCusker QC [2010] WASCA 55
SNF (Australia) Pty Ltd v Jones [2008] WASCA 121
Stead v State Government Insurance Commission (1986) 161 CLR 141
Summit Homes v Lucev (1996) 16 WAR 566
Velez Pty Ltd v Tudor [2011] WASCA 218
WAEE v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630



JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

                  IN CIVIL
LOCATION : PERTH CITATION : REKABE -v- FOXLINE LOGISTICS [2013] WADC 104 CORAM : DAVIS DCJ HEARD : 3 APRIL 2013 DELIVERED : 28 JUNE 2013

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REKABE -v- FOXLINE LOGISTICS [2013] WADC 104
Case
[2013] WADC 104
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CaseChat Overview and Summary

In the case of Rekabe v Foxline Logistics, the primary issue was whether the applicant, who was employed as a forklift driver, was a 'worker' under the Workers Compensation and Injury Management Act. This determination hinged on whether the remuneration the applicant received was 'in substance' for their personal manual labour or services. The application for leave to appeal and the appeal itself were heard together in the court. The central legal questions involved the interpretation of the extended definition of 'worker' and the principles used to determine if the remuneration of a contractor was for their personal manual labour.

The court examined the principles and factors necessary to determine whether the applicant's remuneration was 'in substance' for their personal manual labour. These included the nature of the contract, the degree of control over the worker, and the economic reality of the working relationship. The court also considered the arbitrator's delay in making a decision and whether the arbitrator's findings were legally sound. Furthermore, the court addressed the adequacy of the reasons provided by the arbitrator, including whether the arbitrator's decision involved a question of law and if there was a failure to consider submissions. Additionally, the court reviewed whether the late application by the respondent to raise a new ground of contention was permissible.

The court concluded that the applicant was not a 'worker' within the meaning of the Act, as the remuneration was not 'in substance' for their personal manual labour. The court found that the arbitrator's decision did not involve a question of law and that the arbitrator had adequately considered the submissions. The court dismissed the appeal and refused leave to the respondent to raise a new ground of contention. The court's decision was that the application for leave to appeal was refused, and the appeal was dismissed. Additionally, the respondent's application to raise a new ground of contention was also refused.

Orders

Orders of the court

Leave to appeal refused

Appeal dismissed

Leave to respondent to raise a new ground of contention refused

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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