[2025] FWCFB 43
Citation: [2025] FWCFB 43
At a glance
- Employees affected
- 1
What happened
the Applicant, a legal assistant living in the Philippines, worked for Doessel Group Pty Ltd (MyCRA Lawyers), an Australian company providing credit repair services. She performed paralegal work remotely, invoicing for her time. An 'Independent Contractor’s Agreement' governed her work, alongside an 'Employee Non-disclosure Agreement'. Doessel Group terminated her employment, alleging misconduct, and the Applicant subsequently filed for unfair dismissal. Doessel Group objected to the claim, arguing the Applicant was an independent contractor, not an employee.
What was decided
The Fair Work Commission Full Bench refused Doessel Group’s appeal against a decision where the Deputy President found the Applicant was an employee and entitled to pursue an unfair dismissal claim. The Deputy President considered the terms of the 'Independent Contractor’s Agreement' and other factors, concluding the arrangement resembled employment. The Full Bench found no error in the Deputy President’s assessment and refused permission to appeal. The substantive unfair dismissal claim will now be determined.
What it means for employers
Employers should carefully review their contracts and working arrangements to ensure they accurately reflect the nature of the relationship. Simply labeling someone an 'independent contractor' is not sufficient; the substance of the arrangement is what matters. Arrangements resembling employment, such as regular hours, supervision, and control, can lead to a finding of employment, even with a contractor agreement.
What it means for employees
Employees should be aware of their rights, even if they are engaged under a contract labelled as 'independent contractor'. Factors like control, supervision, and the nature of the work are key in determining employment status. If the working relationship resembles employment, it may be possible to claim unfair dismissal rights.
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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