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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,627 case citations
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Before: Mitchell JA
Before: Howard J
The Commission found that although the written Contract called the applicant an 'employee', the real-world arrangements showed she worked after-hours while holding a separate full‑time job, had autonomy over hours and how she worked, received no salary or usual employment benefits (only equity), used her own equipment without reimbursement, and therefore was not an employee. Because she was not an employee she could not have been 'dismissed' under the Fair Work Act, so her unfair dismissal application was dismissed.
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Before: Member Rinaudo AM
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