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Wednesday, November 19, 2025

CEO claims unfair dismissal after employer argues she’s an independent contractor - HRD America

Upon engagement as CEO, the worker was presented to the public, staff and clients as the employer's CEO and provided with an email address for communications with staff and clients

A marketing consultant challenged the employer's argument that she was an independent contractor, not an employee, contending that the manner of her suspension, investigation, and termination indicated an employment relationship.

The worker claimed that she was presented as the CEO to staff and clients, took over day-to-day operations with all staff reporting to her, and was subsequently suspended and then investigated before being terminated.

The employer maintained that the worker was engaged through her company to provide consultancy services, issued tax invoices for these services, and the parties never discussed or agreed that the worker would be an employee.

Engagement and the CEO role

The employer was a small business creating custom lighting arrangements for various projects. The worker was the sole director and shareholder of a management consultancy company.

The company did not employ any employees, apart from the worker. In 2023, the employer sought to engage an external consultancy to assist with its expansion and growth, primarily in the marketing space.

The worker's company was one of three businesses interviewed for the provision of such consultancy services in October 2023, whereby the company pitched itself to provide and deliver strategic marketing outcomes for the employer....



Read Full Story: https://news.google.com/rss/articles/CBMi2wFBVV95cUxPMWNONFdocHo5aU5xY29vaUlB...