A Full Federal Court has struck out a general protections claim brought by an ex RAAF servicemen on the basis that it had no reasonable prospect of success because he was not an employee and the RAAF was not an employer, and furthermore that the relationship was not founded in contract. In doing so the Full Bench distinguished Konrad’s case (Konrad v Victoria Police (1999) FCA 988 delivered on 6 August 1999) in which another Full Federal Court held that a Victorian police officer was an employee for the purposes of the Industrial Relations Act (Vic) 1998.
C v Commonwealth of Australia (2015) FCAFC 113 delivered 21 August 2015
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