[2025] FWC 3105
Citation: [2025] FWC 3105
What happened
Kunal Balhara (the applicant) initiated a general protections dismissal application under the Fair Work Act 2009 against EZYDental Australia Pty Ltd (EZY). Balhara’s employment with EZY ended on July 10, 2025. EZY objected, arguing Balhara was not an employee. Balhara, along with his sister Dr Saloni, are shareholders in SKBTB Pty Ltd, which previously owned Malvern Smile Studio, which EZY acquired in November 2024. Balhara was previously employed by SKBTB as Practice Manager. Documents outlining Balhara’s engagement by EZY were drafted using templates from the Australian Dental Association and finalized in early December 2024, with signatures backdated to November 25, 2024. Balhara invoiced EZY fortnightly for his work.
What was decided
The Fair Work Commission determined that Kunal Balhara was an employee of EZYDental Australia Pty Ltd. The Commission dismissed EZY’s jurisdictional objection, allowing Balhara’s general protections dismissal application to proceed. The decision hinged on the application of section 15AA of the Fair Work Act, which requires consideration of the 'real substance, practical reality and true nature of the relationship' between the parties. The Commission considered the totality of the relationship, including the drafted documents and the invoicing arrangement, to conclude Balhara was an employee.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc3105.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 →