A Worker Deemed An Employee Despite Not Having Commenced Employment

A plaintiff who was between contracts with Victoria University was held to be an "employee" allowing him to claim statutory benefits for a heart condition.

On 28 April 2003 the plaintiff had entered into contract of employment with the defendant which was not to commence until 7 May 2003. On 30 April, whilst undertaking research at the defendant's library, the plaintiff suffered a heart attack which was subsequently diagnosed as a 'dissecting aorta', necessitating his absence from work for the foreseeable future.

The defendant denied compensation on the grounds that the injury occurred at the time when the plaintiff was not an employee of the defendant and that the act of researching was not incidental to his employment as it was conducted without remuneration.