Case examines whether contract terms matched actual working relationship in practice
The Fair Work Commission (FWC) recently dealt with a case involving a membership director who claimed she was dismissed in contravention of workplace laws.
The case centred on whether the worker was an employee entitled to dismissal protections or an independent contractor whose services were simply terminated.
The worker argued that despite contractual arrangements labelling her as an independent contractor, the practical reality of her working relationship meant she was actually an employee who had been dismissed.
She maintained that how the work was performed in practice created an employment relationship regardless of written contract terms.
The employer disputed these claims, arguing that the worker was engaged as an independent contractor from the outset and remained in that capacity throughout the relationship.
The employer contended that the worker could not have been "dismissed" because she was never an employee.
The worker commenced working for the membership organisation in July 2023 as membership director. The organisation facilitated bi-monthly meetings of corporate executive officers who were members.
The worker's role was to sign up new members and follow up with existing members to ensure satisfaction with the programme.
At engagement, the worker was sole director and shareholder of a company established in the mid-1990s with an ...
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