A bus driver claimed he was unfairly dismissed and wanted to take his employer to the Industrial Relations Commission. However, the Commission found that he wasn't actually an employee—he was an independent contractor. This was because he invoiced the company for his work, paid his own taxes and superannuation, and wasn't integrated into the company like regular employees. Because the Commission only has power to deal with disputes between employers and employees (not independent contractors), it couldn't hear his case and dismissed his application.

David Suparta v Swan Transit Operations Pty Ltd [2003] WAIRComm 8295 (9 May 2003)

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Result Application dismissed for want of jurisdiction

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HAVING heard Mr P Sorensen of counsel on behalf of the applicant and Mr A Drake-Brockman of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders -

THAT the application be and is hereby dismissed for want of jurisdiction.

David Suparta v Swan Transit Operations Pty Ltd [2003] WAIRComm 8295

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David Suparta v Swan Transit Operations Pty Ltd [2003] WAIRComm 8295 (9 May 2003)

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