Employee contract and C-suite title couldn't override reality, Fair Work ruled
A startup chief marketing officer worked without pay under a contract promising $300,000 and 5 per cent equity, then lost her unfair dismissal claim.
Stacey Davies thought she had it all mapped out. A written contract named her Co-Founder, Chief Marketing Officer and Chief Sales Officer at OneRD Pty Ltd. The document promised 5 per cent equity and a salary climbing to $300,000 annually once the telematics company turned profitable. It used the word "employee" throughout.
None of that protected her.
On February 16, 2026, Fair Work Commissioner Walkaden dismissed Davies' unfair dismissal claim, ruling she was never actually an employee despite what her contract said. The case offers a stark lesson for HR leaders navigating startup arrangements and equity-based compensation: titles and labels mean nothing if the working relationship tells a different story.
Davies began working for OneRD in June 2024 under a three-year contract. Her compensation was structured around milestones—$4,000 monthly after reaching 2,500 customers, $8,000 at 10,000 active users, eventually $25,000 monthly at stable profitability. She never reached those targets. She never received a dollar in wages, though it appears she held a 1 per cent share in the company.
The Commission examined how the work actually happened. Davies held a full-time job elsewhere and performed her OneRD duties after hours. She worked an estimated...
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