Contract signed, onboarding underway, pay already deposited — so why didn't it count as a dismissal
A school that withdrew a signed job offer days before the new hire's first day has avoided a dismissal claim, after the Fair Work Commission ruled no employment relationship ever existed.
In a decision handed down on 8 May 2026, Commissioner Durham dismissed Claire Rewa's general protections application against Cape Byron Rudolf Steiner School Limited, finding that while a contract had been signed, the employment itself never got off the ground.
The story began on 15 December 2025, when Rewa signed a letter of offer for a fixed-term role as Primary School Coordinator. Her start date was set for 22 January 2026. In the weeks between, the School's primary faculty held planning sessions from 11 to 16 January, which Rewa did not attend. Principal Alix Johnson later said several teachers raised concerns about working with her.
Johnson called Rewa in for a meeting on 16 January and asked whether she had any knowledge of a formal complaint, investigation or legal proceedings at her previous school. A follow-up call on 20 January led him to believe she had failed to disclose a conflict of interest involving one of her referees. The next day, the School pulled the plug. Johnson cited "the recruitment process being compromised by her lack of transparency," and the School paid Rewa seven weeks in lieu of notice, with two weeks landing in her account the same day.
Rewa pushed back....
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