[2024] FWC 2669
Citation: [2024] FWC 2669
What happened
Joanna Pascua claims she was unfairly dismissed by Doessel Group Pty Ltd (Doessel). Doessel argues Ms. Pascua was an independent contractor, not an employee, and therefore not eligible for an unfair dismissal claim. Ms. Pascua performed legal assistant work remotely from the Philippines for MyCRA Lawyers, operating under a contract with Doessel. She was paid $18 per hour and invoiced weekly. She alleges Mr. Doessel was overly critical and locked her out of her computer, claiming she breached her contract by copying company information. Doessel asserts she worked for other agencies and copied company information.
What was decided
The Fair Work Commission addressed whether a relationship of employer and employee existed between Ms. Pascua and Doessel. The Deputy President considered the contract between the parties and the conduct of the parties. The Commission has not made a finding on whether Ms. Pascua was an employee or independent contractor. The matter was adjourned to allow for further submissions on the issue of whether Ms. Pascua was a national system employee. The appeal against this decision has been lodged.
What it means for employers
Employers should carefully review contracts with workers to ensure they accurately reflect the working relationship. Simply labeling someone an independent contractor is not enough. The substance of the relationship, including supervision, control, and integration into the business, will be key factors in determining employment status. Employers should also be aware of the potential for remote workers to be considered employees, even if they are located overseas.
What it means for employees
Workers should carefully consider the terms of their contracts and whether they accurately reflect their working conditions. If a worker is performing work under a contract but is treated like an employee, they may have grounds to challenge the contractor status and claim employee entitlements.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc2669.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →