Sandra Eldridge v Kemblawarra Child and Family Centre

The appeal concerned the employment status of Sandra Eldridge, who had been injured while volunteering at Kemblawarra Child and Family Centre. The central dispute was whether Ms. Eldridge was an employee or a volunteer for the purposes of the *Workers Compensation Act 1926* (NSW). The matter came before the New South Wales Court of Appeal.

The Court of Appeal was required to determine whether the relationship between Ms. Eldridge and the Centre constituted a contract of employment, notwithstanding the fact that she was described as a volunteer and received no remuneration. This involved an assessment of the nature of the work performed, the degree of control exercised by the Centre, and the mutual obligations, if any, between the parties.

The Court applied established principles for distinguishing between an employee and an independent contractor, and by extension, a volunteer. It considered the totality of the relationship, focusing on factors such as the integration of the individual into the organisation, the provision of training and supervision, and the expectation of ongoing service. The Court found that the evidence did not establish a contract of employment, concluding that Ms. Eldridge was a volunteer.

The appeal was dismissed, and Ms. Eldridge was ordered to pay the costs of the appeal.