[2025] FWC 832
Citation: [2025] FWC 832
What happened
Professor John Rasko (the Applicant) worked as a Staff Specialist at Sydney Local Health District (SLHD) since 1999, also performing work for the Centenary Institute of Cancer Medicine and Cell Biology (Centenary). From 2014, a formal agreement existed between the three parties. In June 2023, discussions began about the Applicant filling a Deputy Director role at Centenary. He received a letter offering the position with a start date of August 1, 2023, and a $20,000 annual allowance. A written contract was never signed, and the allowance wasn't paid. Allegations against the Applicant arose in January 2024, leading to a suspension from Centenary's premises in April 2024. The affiliation agreement ended September 8, 2024, and Centenary announced an end to the arrangement with the Applicant.
What was decided
The Fair Work Commission had to determine if Professor Rasko was 'dismissed' by Centenary, a prerequisite for his s.365 application. The Commission considered evidence regarding the offer of the Deputy Director role, including announcements and discussions. While announcements were made, the Commission noted the contract was never finalized and the allowance wasn't paid. The Commission will need to determine if a relevant dismissal occurred before proceeding with the dispute resolution process. The case was adjourned to allow for further submissions.
What it means for employers
Employers should ensure clear and documented agreements are in place before announcing appointments or implying employment. Verbal offers and announcements without a signed contract don't establish a formal employment relationship. Employers must also consider existing agreements and obligations when offering secondary employment.
What it means for employees
Employees should obtain written contracts and ensure all terms and conditions are agreed upon before commencing work. Verbal offers and announcements should be treated with caution until a formal agreement is in place. Employees should also seek approval for secondary employment and ensure any conflicts with existing obligations are addressed.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc832.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 →