[2025] FWC 3105
Citation: [2025] FWC 3105
What happened
The Applicant initiated a general protections dismissal application under the Fair Work Act 2009 against EZYDental Australia Pty Ltd (EZY). The Applicant’s employment with EZY ended on July 10, 2025. EZY objected, arguing the Applicant was not an employee. The Applicant, along with her partner Dr Saloni, are shareholders in SKBTB Pty Ltd, which previously owned Malvern Smile Studio, which EZY acquired in November 2024. The Applicant was previously employed by SKBTB as Practice Manager. Documents outlining the Applicant’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. The Applicant invoiced EZY fortnightly for his work.
What was decided
The Fair Work Commission determined that the Applicant was an employee of EZYDental Australia Pty Ltd. The Commission dismissed EZY’s jurisdictional objection, allowing the Applicant’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 the Applicant was an employee.
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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 →