Employment Law In Australia Essay

A man was enticed to Australia from the USA to be the spiritual head of the Greek Orthodox community of South Australia. He remained in that position for 20 years and upon his resignation, a dispute arose over his annual leave and service leave entitlements. The church refused to pay it and the Archbishop brought an action against the church on a foundation that an employment relationship had existed. The central issue before the court was whether or not the Archbishop or the orthodox community had the intention to enter into a contract of employment that was legally enforceable. The court inspected the relationship between the parties and the evidence of the usual employment relation existed for the most part. The Archbishop was given a group certificate each year as would a normal employee and tax was deducted …show more content…
The court noted that the relationship between a minister and the church is primarily a spiritual one but stated that it is by no means impossible that the relationship will be governed by a contract. The judge stated that 'in Australia that religious body's may be held accountable for contracts that they enter into and that a contract which has the usual features of one of employment does not lose that character simply because it relates to a minister of religion'. The judge also stated, 'therefore that there is no presumption that contracts between religious or associated body's and ministers of religion are not intended to be legally enforceable'. He concluded by noting, that the Arch Bishop entered into contracts everyday that he was legally bound by and therefore in would be contrary to basic principle to suggest that his spiritual calling somehow placed him outside the law of obligations. Therefore a contractual relationship existed and the Arch Bishop was entitled to his annual leave and long service leave