The Fair Work Commission (FWC) recently dealt with a general protections application involving dismissal where the employer raised a jurisdictional objection, arguing that no employment relationship had ever been established.
The employer contended that the worker had participated in a recruitment process but was never actually offered or commenced employment with the company.
The worker argued that she had been offered a position during an interview with a senior receptionist and had commenced on-the-job training under the belief she would receive a written contract following this training period.
She also alleged that during the recruitment process, discriminatory comments were made towards her based on her religion and other protected attributes.
The case centred on whether an employment relationship had been established during what both parties agreed was a recruitment process.
The worker had participated in a recruitment process with a medical specialist practice, which followed a standard procedure for interviewing candidates. The employer outlined that their recruitment process included several stages: a typing test, an interview with a senior receptionist, shadowing of staff to observe scans, shadowing of staff to observe procedures, and a final interview with the practice owner who had sole authority to make offers of employment.
The employer provided examples of test results, interview guides, and other recruitment requirements to...
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