Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
umpires |
jurisdiction |
case not appealed |
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Summary:
Claimant objected to a decision in her favour, criticizing the Umpire for stating, in the reasons he gave in support of his decision, that following her employment on the family farm, the claimant should be considered a “self-employed person” in the agriculture sector. FCA found that this assertion by the Umpire was not necessary to his finding. It was simply an obiter dictum, in other words an expression of opinion that had no effect on the decision the Umpire had to render and was not binding on either the Umpire or the other jurisdictions that may be called upon to deal with this issue. FCA dismissed the application solely because it was not directed against the Umpire’s decision.