Ermorgenous v Greek Orthodox of Community of SA Inc (2002)

Case Facts Ermogenous v Greek Orthodox Community of SA Inc. (2002) 209 CLR 95

As an incorporated association, the Greek Orthodox Community of SA, has requested Ermorgenous in order to become their head in their satellite church in Australia.

It must be noted that Ermorgenous, during the process of invitation, was still in America. Even so, he decided to accept the said offer and went to Australia, where he became the archbishop in the span of 23 years.

His service was compensated with a salary from the Community. When his appointment had ended, the Community did not give Ermogenous the pay for the leaves he had accumulated during his service, as he was considered as an employee within the contract.

However, the Community defended themselves by citing that the contract between the parties does not have any intentions to be legally binding.

Case Issue:

The issue of the case was whether or not the manner of appointment of the archbishop has intentions to be a legal employment contract.

Case Decision:

The court decided that the agreement between the parties that the contract was executed with the intention for it to be legally binding.

Case Reason/s:

The reasoning for the decision of the court was that the facts presented were substantial enough for the intention to be existent. However, it may be argued that when contracting with a religious minister may not be considered as a legally binding contract.

Nonetheless, exemptions can be made such in circumstances when a non-religious corporation carries out an agreement, suffices such agreement with monetary compensations, and other financial favors towards the minister, or in this case the archbishop.