Ermogenous V Greek Orthodox Community of Sa Inc. [2002] Hca 8; 209 Clr 95; 76 Aljr 465; 187 Alr 92 (7 March 2002)
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 the Industrial Magistrates ruling at the first appeal. It has been re-appealed to the Full Court of the High Court of Australia. 4. PROCEDURAL HISTORY.
South Australia Industrial Relations Court
[2] The case was first brought to the South Australia Industrial Relations Court and was heard by the Industrial Magistrate. The Magistrate found in favour of the appellant stating that the appellant had been employed under a contract of employment by the respondent for 23 years.
[3] The respondent’s statement that there in fact was no contract of employment was rejected on the grounds that the appellant was recruited from America for the purpose of appointment as Archbishop and the role as head of the Australian autocephalous church. He met with “members of the committee of management of the South Australian Community” and at such a time an agreement was reached that he “would be paid similarly to the priest” and would be referred to as one of the “employees”.
[4] Further evidence of the existence of legal relations between the parties was the respondent’s actions. The respondent deducted tax from the appellant’s salary, which was then forwarded to the Australian Tax Office (ATO). The respondent also provided evidence in the form
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 the Industrial Magistrates ruling at the first appeal. It has been re-appealed to the Full Court of the High Court of Australia. 4. PROCEDURAL HISTORY.
South Australia Industrial Relations Court
[2] The case was first brought to the South Australia Industrial Relations Court and was heard by the Industrial Magistrate. The Magistrate found in favour of the appellant stating that the appellant had been employed under a contract of employment by the respondent for 23 years.
[3] The respondent’s statement that there in fact was no contract of employment was rejected on the grounds that the appellant was recruited from America for the purpose of appointment as Archbishop and the role as head of the Australian autocephalous church. He met with “members of the committee of management of the South Australian Community” and at such a time an agreement was reached that he “would be paid similarly to the priest” and would be referred to as one of the “employees”.
[4] Further evidence of the existence of legal relations between the parties was the respondent’s actions. The respondent deducted tax from the appellant’s salary, which was then forwarded to the Australian Tax Office (ATO). The respondent also provided evidence in the form