Worker argues company oversight established employment relationship with clients
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a home care worker who argued she was dismissed from her employment despite being classified as an independent contractor.
The case arose when the worker's services were terminated after providing home care to clients through a third-party platform, leading to a dispute over whether she was an employee or contractor.
The worker argued she had been unfairly dismissed, maintaining that despite operating through an online platform and holding an Australian Business Number (ABN), the practical nature of her working relationship indicated employment.
She contended that the employer determined her schedule, set client duties, and maintained ongoing communication and oversight through representatives.
The employer contested the worker's claim, raising a jurisdictional objection that the worker was not its employee and consequently could not have been dismissed.
The company argued it never directly engaged the worker, but rather she was engaged directly by clients as an independent contractor through a third-party platform arrangement.
The employment relationship involved a worker who provided home care services to clients of a retirement living company that managed Home Care Packages for residents and local community members.
The worker's engagement commenced in October 2023,...
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