The Labour Court withdrew a compliance notice against Thomas Quinlan, trading as Affordable Live-in Homecare, after finding that two people covered by it were not employees. The Court determined the appeal on 11 March 2019.
The notice required Quinlan to calculate and pay any unpaid public holiday entitlements and provide proof of compliance. Quinlan said the two people were volunteers staying with his family and were not required to work. The Workplace Relations Commission argued that they were employees who performed marketing and office duties for 20 to 25 hours a week. The Court preferred Quinlan’s direct evidence and noted that the inspector had not spoken to the two people or other employees, and had no direct knowledge of their working arrangements. It concluded the two people were not employees and ordered the notice withdrawn.