State of South Australia v Day No. Scgrg-00-430

In this case, the respondent, a teacher who had been incapacitated for work due to a disability arising from her employment, appealed against the dismissal of her application for wages under the School Services Officers (Government Schools) Award. The appeal was heard by the Full Court of the Industrial Relations Court, which allowed the appeal and set aside the original dismissal of the respondent's application. The State of South Australia, as the employer, sought to appeal the Full Court's decision. The main legal issue was whether the respondent's performance of duties as a School Services Officer (SSO) was pursuant to a contract of employment or if it was part of a statutory rehabilitation and return to work plan. The court considered both the award and the statutory provisions of the Workers Rehabilitation and Compensation Act 1986.

The court found that the respondent's performance of SSO duties was part of a statutory rehabilitation and return to work plan, not under a contract of employment. The court held that the award did not apply because the respondent was not employed as a SSO under a contract of employment, but rather as a contract teacher. The respondent was also not entitled to wages for the SSO duties under a contract of employment because there was no variation to her existing contract. The court further found that the Full Court's implication of a term in the contract of employment was unjustified and did not meet the requirements for the implication of terms in a contract.

The appeal was allowed, and the orders of the Full Court of the Industrial Relations Court and the Senior Judge were set aside. The original dismissal of the respondent's application was confirmed.