Harry is the sole director of Catty Nips Pty Ltd. Catty Nips owns and manages a cattery
Question:
Harry is the sole director of Catty Nips Pty Ltd. Catty Nips owns and manages a cattery in the Swan Valley. Harry is the sole employee of Catty Nips. He has always loved running the cattery until he met Herbert. Herbert, a ginger cat with yellow eyes, was entrusted in the cattery’s care for the month of June. Herbert was not at all like the other cats but made it his personal mission to make Harry’s life as difficult as possible and became increasingly vicious as the month went on. On the night of the 29th of June Herbert attacked Harry, biting and scratching him viciously. He would not desist until Harry locked himself in the broom cupboard to hide. Since the cat incident, Harry has been unable to return to work with the cats and has to see his therapist three times a week.
Harry wants to make a claim under the Compensation Act 1989 (fictional) for his injuries, however in order to do so he needs to be classified as a worker or ‘any person who has entered into or works under a contract of service… with an employer… whether remunerated by wages, salary or otherwise.’ Catty Nips Pty Ltd was insured (as required) for workers compensation. Ms Patty who has since bought the company says that Harry could not be a worker when he was in effect also the employer. Harry claims this is not the case. Please advise Harry as to whether he or Ms Patty are right in their assessment.
