Cross-border arrangement leaves dismissed worker without recourse despite year of employment
A payroll company processed wages, paid taxes, and handled insurance for a worker - but a tribunal ruled it wasn't his employer when he got fired.
The Fair Work Commission dismissed Jason Erdes' unfair dismissal claim against Oncore Consulting on February 6, 2026, in a ruling that exposes how employer-of-record arrangements can leave workers in limbo and companies facing unexpected liability questions.
Erdes worked as an Account Executive for Bluesheets, a Singapore-based software company, from March 2024 to May 2025. But Bluesheets never put him on its Australian payroll. Instead, the company hired Oncore Consulting to handle what it called "Super payments and salary disbursements" for its Australian employee.
Oncore did everything that typically signals an employment relationship. It paid Erdes' wages, issued payslips with its name as employer, withheld tax, sent superannuation to his fund, arranged workers compensation and professional indemnity insurance, and reported his wages in its payroll tax returns. His tax office records listed Oncore as the payer.
When Bluesheets cut ties with Erdes in April 2025 over performance concerns, he turned to Oncore claiming unfair dismissal. The payroll provider argued it was just processing payments, not employing him.
Commissioner Matheson examined what the Fair Work Act describes as the "real substance, practical reality and true nature of...
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