A counter-offer over pay and title sank his permanent role - and his dismissal claim
A contractor at global architecture firm Grimshaw thought a permanent role was his. It wasn't - and the Fair Work Commission has explained exactly why.
In a decision handed down on May 28, 2026, Deputy President Boyce dismissed a general protections claim brought by architect Rafat Barakat against Grimshaw Architects, finding Barakat was never the firm's employee and so could not have been dismissed by it.
The case is a clean, useful read for any HR team that manages labour hire workers or converts contractors to permanent staff.
Barakat was supplied to Grimshaw by recruitment agency Bespoke Careers, which the firm has used for more than 20 years. He began his Sydney assignment on March 31, 2025. The structure was a standard three-way labour hire arrangement: Bespoke employed him, then on-hired him to Grimshaw.
In late July 2025, Grimshaw raised the idea of a permanent full-time role. Barakat said yes to a verbal offer on July 30. But no terms had been discussed - not even salary. Grimshaw then sent him a written employment contract.
Rather than sign, Barakat emailed back on August 14 to renegotiate. In that email he asked for formal recognition, and possible compensation, for introducing what he described as a potential client; a higher salary, proposing $130K plus superannuation against what he described as an offered $120K plus superannuation; overtime pay or time in lieu; and a more...
The relator managed to connect alleged upcode overcharging to the submission of bills to the government that would have necessarily contained inflated charges. A qui tam relator who did not plead ...