Law case
Name
Institution
CITATION
Emergenous V Greek Orthodox community of Sa Inc (2002) 209 CLR 95
COURT
High court of Australia
BRIEF STATEMENT OF MATERIAL FACT
The reason for judgment made by the Industrial Magistrate was that, the appellant had more that twenty years as Archbishop of the Greek Orthodox Church and all churches in Australia. The proceedings made indicated that the bishop was appointed by his church although still was a communion with the Ecumenical Patriarch. Archbishop was the senior cleric of spiritual affairs and the minister of autocephalous.
For many years before the proceedings, the Greek Orthodox community together with Hellenic cultural values had join in association in which they built churches, acquired land in addition, recruited the clergy of Greek Orthodox Church. It was at this point the industrial magistrate found that, Clergy was employed by the community in order to provide spiritual and religious matters that was seen as of the basic requirement within the culture of Hellenic Orthodox culture. In addition, these facts indicated that, upon appointment, the Clergy was acknowledged as an employee of the community and was subject to directing other leaders in his ministration.
Archbishop Ermogenous claim for payment, which he thought, was due for long service leave and annual payment from the Greek Orthodox community. Although he succeeded previously, the full court of Supreme Court of SA discovered there was no need to generate lawful relations between the parties. The appeal was later made to the high court.
The brief statements included contract intentions of creating contractual relations, whether engagement of minister religion was to create contractual relations and whether the primary decision-maker appeals had failed to consider the parties intention of creating contractual relations. On September 1994, Archbishop Spyridon Ermogenous made a claim within the industrial relation court of South Australia via the Greek Ortodox Community of SA inc for the total of money that he claimed it was for his annual leave together with long service leave.
He affirmed to have been employed by the respondent since 1970s and he had never received any payment for annual leave and long service entitlements.
PROCEDURAL HISTORY
The case was previously heard in full Court of South Australia. Two issues were argued on the appeal to this court. Archbishop Sypridon Ermogenous had appealing of the decision of full court of Industrial relation court of South Australia in which the complainant claims against Greek Orthodox community of SA inc were discharged due to entitlements for due pay of annual leave with long service leave. With the case of Teen Ranch Pty Limited V Brown (1995) 87 I.R. 308, it was declared that, religious relations are never intended to create legal contract and constitutions binding. With this in mind, it created a presumption that, when dealing with spiritual associations there are no contractual agreement required. It is at this point that the high court of Australia of Emergenous case presumed that, these proofs would fall on the religious ministers thus making hard to create a contractual relationship. It was assumed that there were no intentions for creating legal relations. Therefore, the high court imposed a question of the party that had enough evidence towards the case.
The essential factor in Emergenous case was whether there was a deliberately intention of entering legally binding contract. Concerning this, Lord Denning MR in Merrit v Meritt (1970) 1 WLR 1211 affirmed that, if the court were to view situations in human concept, then, they would be reasonable regarding agreement intended to be binding. With this in mind, greater part of the high court concluded that, assumptions were not what was to guide the case but whether the parties projected to enter into a legally binding contract. The high court reached to this result through referring to legislative framework that included the Employee relations and the industrial Act 1994 (SA) that stated on a claim for contract of employment. Following this, nothing in the case was said to refer to the industry that defined occupation in which employees are employed.
GROUNDS FOR APPEAL AND ISSUE TO BE DECIDED
There were four issued that required consideration. First, whether the court of the Supreme Court made the right decision in doing what it did in that there were no intentions created legal relations between the respondent with Archbishop and secondly, whether it was erred in finding their facts. Thirdly, whether the industrial Magistrate rightly held the relationship of parties regulated by contract enforceable at law and fourthly, whether the industrial magistrate made as a choice of the parties intending to abide into enforceable contractual relations having regard to spiritual matters. It was convenient for the present court to identify the chief features of legislative framework through which these issues were to be discovered. Additionally, there was appeal to be made on whether the relationship between the religion minister with the relevant religious body was concerned with spiritual matters that were self evidently true.
SUMMARY OF COURT ANALYSIS OF LAW
The industrial court of South Australia established under Industrial Arbitration Act 1912 (SA) was summarized in Act (7) which sates that a contract is acknowledged as a common law through which contract of employment by which a person is employed nothing can hinder him or her from getting the benefits of the company. The majority of the members in the Supreme Court and full court as they stated that the distinction should be drawn between the church and the respondent as the honor said that the respondents were not the church in that appellant detained a clerical office.
The suggestion concerning a Pastor, Priest, Rabbi or else a minister of religion is by virtue incapable of creating an employment contract with the church religious organization. On the contrary, any arrangement made in sustenance with personal gratification are not ones which the law treat justifiable. Additionally, such cases are projected to raise obligations, which may be enforced within court of law. The issue is regarded as rejecting the law. In the case of Ermogenous, was recognized as having rejected the subsidiary argument, which the arrangement was to be non-justifiable.
PRINCIPLE OF LAW TO BE APPLIED
The principle, which the court was using, was “the Industrial and Employee Relations Act 1994 (SA). The fundamental object of this principle is to promote good will in providing means for settling industrial disputes, which cannot be solved by amicable agreement. In addition, it ensures that all employees are provided with their rights in payments, unreasonable dismissals and directs towards giving reasons for termination employment. For many years, it has eliminated discrimination on employment. In this act of industrial matters, refer to any action that may deny employee satisfaction. Allowances or else remuneration should be paid for work done overtime or during holidays.
DESCRIPTION OF HOW LAW APPLIED TO THE FACTS
The law applied to the facts was found in several cases of relationship between religion ministers and the entire spiritual content in act (71). The religion ministers are concerned with spiritual a matter, which implies that, the minister should conduct his affairs with a lot of integrity. This follows that; the ministry should be governed through a contract. The respondent in this aspect was accused not to abide in this act of law. Instead, the respondent engaged only on spiritual facts and not a contractual relationship. Industrial Magistrate affirmed that, a minister for religion could not in law, considered as legal entity.
DECISION
In this case, the honors measured the use of presumption, which could wrongly lead to conclusion that there was no intention found in the case in that the nature of employment contract in all full consideration in the circumstances concerning this contract. With this in mind, the majority members within full court of the Supreme Court decided that, the proposition of an intention to abide into a contractual relationship concerning the remuneration with maintenance together with minister of religion was not acknowledged. The preposition was to come up with its origin or else in its support based on several decisions within the United Kingdom particular pertaining
“In re National Insurance Act 1911; in reemployment of church of England curates in the act 27 As his Honour said, it was essential to bear that the respondent was not a church in which appellant had clerical office neither was the appellant by any chance the officer of the respondent. It was therefore assumed that, the respondent was the main body, which fosters the Greek culture within South Australia on the broadest sense. Later in his decision, the honor affirmed that, by considering the inference drawn from discussions within Adelaide was relevant to note that, the appellant was not offering the services to the respondent apart from the members of Greek Orthodox Church. The fundamental role of the respondent was objected to facilitate the church along with being available to perform his duties.
ORDER MADE BY THE COURT
While the case being heard, Greek orthodox were also added as respondents liable to paying Archbishop a total of $ 23, 989.35 for payment and annual leave of $ 10,672.80 for the total long service leave. Judgment was given for the total of these amounts along with interests’ failure to paying the amount.
SOCIAL OR CULTURAL CONTEXT
It is essential to note that, the peculiarity of the arrangements between respondent and Archbishop was proved. He was still a Bishop within United States when he was come close to the respondent. The respondent persuaded him to quit his post within that country and settle in Australia. What followed was assumed a unique arrangement that was influenced with cultural or else ethnic body. Reports indicate that, the respondent had encouraged Greek culture within South Australia on the broadest sense. Never at any time, did the respondent cut his spiritual and ecclesiastical relationship with Ermogenous together with the church as whole. The judges and the Industrial magistrate of industrial Relations court were aware of these features of the contract that Ermogenous sought to impose.
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