Ermogenous V Greek Orthodox Community of Sa Inc. [2002] Hca 8; 209 Clr 95; 76 Aljr 465; 187 Alr 92 (7 March 2002)

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1. CITATION. Ermogenous v Greek Orthodox Community of SA Inc. [2002] HCA 8; 209 CLR 95; 76 ALJR 465; 187 ALR 92 (7 March 2002) 2. COURT. HIGH COURT OF AUSTRALIA FULL COURT GAUDRON, McHUGH, KIRBY, HAYNE and CALLINAN JJ ERMOGENOUS, Spyridon APPELLANT v GREEK ORTHODOX COMMUNITY OF SA INC RESPONDENT 3. BRIEF STATEMENT OF MATERIAL FACTS. [1] The appellant alleged that he had been employed by the respondent since 18 March 1970 but had not received any entitlements to annual leave or long service leave upon termination of his employment in December 1993. The Magistrate from the Industrial Relations Court of South Australia found in favour of the appellant in the first instance but the Supreme Court of South Australia overturned…show more content…
For our part, we doubt the utility of using the language of presumptions in this context. … Reference to presumptions may serve only to distract attention from that more basic and important proposition." 8. DESCRIPTION OF HOW LAW APPLIED TO THE FACTS. [17] The character of the employment arrangement is continuously evolving, but in this case, their Honours interpreted the respondent’s actions: the respondent arranged to have income tax deducted from the appellant’s salary as well as issuing to the appellant cheques for travel and a variety of other incurred expenses. It was then reasonable to conclude that both parties had in fact entered into contractual relations of an employment nature which is enforceable at law. 9. DECISION. [18] The case was found in favour of the appellant with the first issue raised being decided in the affirmative, leaving the second issue non-existent as it does not arise. The decision of the third issue was negative. The fourth issue was remitted back to the Supreme Court for decision under the Full Court. 10. ORDER MADE BY THE COURT. [19] The appeal was allowed with costs and the issue of “[whether] the Industrial Magistrate correctly held that the relationship between the

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