A new ruling puts your pre-employment process directly under the compliance spotlight
She signed a contract, passed every check, got the welcome email, and still had no legal protection when the offer was pulled.
That stark reality was confirmed by the Fair Work Commission on February 20, 2026, in a decision that should prompt HR leaders to look more carefully at what happens between a signed contract and Day 1.
Anastasia Perri accepted a role as Patient Access Officer with Oral Health Victoria (OHV), signing an employment contract on October 31, 2025. Her start date was set for December 1, 2025. The contract was conditional on standard pre-employment screening - a police check, immunisation records, two references, and work rights verification. Everything came back clean.
On November 27, 2025, OHV's Operations Manager sent Perri a welcome email confirming her 9am start, arrival instructions, proxy card arrangements, a hospital tour, and her rostered shifts. The manager signed off: "looking forward to you starting Monday."
She never did.
The following day, November 28, 2025, OHV withdrew the offer, citing a "due diligence process." By then, Perri had already resigned from her previous employer on November 3, 2025, having relied on the signed contract to do so.
Perri filed a general protections application with the Fair Work Commission, arguing she had been dismissed. OHV objected, maintaining that no employment relationship had ever existed.
Deputy President O'Neill sided...
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