Case Note Ermogenous

Case Note: Ermogenous v Greek Orthodox Community of SA Inc. (2002) 187 ALR 92

The Facts of the Case:

Spyridon Ermogenous (Ermogenous) was an Archbishop in the United States for the Greek Orthodox Church throughout the 1960s. In 1969, he received an offer to become the archbishop of the Greek Orthodox Community (The Community) in Adelaide, and accepted. Along with the clergy, the community had other roles, including cultural, social and sporting events. The negotiations between Ermogenous and the Community included the basic terms and conditions (housing, stipend) and the nature of the role. The community agreed to avoid interference of clergy matters, while Ermogenous agreed to not interfere with matters of real estate and finance. Despite agreement, there was an uneasy relationship between the community and Ermogenous, which ended in December 1993. During his time as archbishop, Ermogenous received a payment, and had his PAYE tax deducted, however he did not receive any payment for long-term leave, annual leave or holiday.

Procedural History

Ermogenous originally challenged the case in the Industrial Relations Court of South Australia, seeking payment for the leave he took as archbishop. The Industrial Relations Court agreed with Ermogenous, claiming that he was owed payments for leave. Industrial Magistrate A R Cunningham found that ‘the present respondent was liable to pay to the Archbishop an amount for payment in lieu of accumulated annual leave and a further amount for accumulated long service leave.’

On appeal, the Full Court of the Supreme Court of South Australia reversed this decision, on the basis that the intention to enter into a contractual relationship with a minister of religion was not to be presumed in this instance. After this decision, Ermogenous appealed to the High Court of Australia.

Legal Issues and Decisions

The primary legal issue to be discussed is whether or not Ermogenous and the Greek Orthodox Community had...