In the case of Cagney v D&J Building Contractors Pty Ltd [2024] QDC 162, the District Court of Queensland had to determine whether Scott Anthony Cagney, a self-employed carpenter, was considered a "worker" under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) after performing ad hoc work for the defendant. Cagney claimed he fit the definition of a "worker" for purposes of workers’ compensation and PAYG tax withholding but was ultimately not found to be a "worker" as per the Act's criteria. The court also addressed claims of estoppel, negligence, and damages. The court dismissed Cagney's claim, concluding that there was no employment relationship since Cagney was essentially engaging in his own business. Despite acknowledging that the ladder provided by the defendant was inappropriate and that the risk of harm was foreseeable, it did not extend liability as Cagney was not an employee. Consequently, his claim for compensation and damages was dismissed.
Full text: https://www.sclqld.org.au/caselaw/149243