[2025] FWC 1218
Citation: [2025] FWC 1218
At a glance
- Employees affected
- 1
What happened
The Applicant sought a Fair Work Commission (FWC) order to deal with a general protections dispute related to her dismissal. She was employed as a nanny for the Respondent and his partner, commencing in late January 2023, and the engagement ended on 5 October 2024. The Respondents objected, arguing the Applicant was not an employee and therefore not dismissed. The FWC held a hearing to determine this jurisdictional objection.
What was decided
The Respondents' objection was dismissed. The Commission found that determining whether the Applicant was an employee was necessary to establish jurisdiction under section 365 of the Fair Work Act. The decision did not address the substantive reasons for the termination of the engagement, focusing solely on the employee/contractor status. The FWC will now proceed to conciliation regarding the general protections dispute.
What it means for employers
Employers should carefully consider the 'real substance, practical reality, and true nature' of working relationships when classifying individuals as employees or independent contractors. The totality of the relationship, including how the contract is performed in practice, will be assessed, not just the written agreement. Oral agreements and informal communication can be relevant.
What it means for employees
Employees should be aware that being classified as an employee grants certain protections under the Fair Work Act, including the ability to pursue general protections claims through the FWC. If unsure about your classification, seek legal advice to understand your rights and obligations.
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https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc1218.pdfWant more cases like this?
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This summary was drafted 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 →