the Applicant v NeuraGPT Pty Ltd
Citation: [2026] FWC 2759
At a glance
- Employees affected
- 1
What happened
the Applicant commenced discussions with NeuraGPT Pty Ltd (NGPT) in July 2023, after being approached via LinkedIn. NGPT proposed an annual wage of $250,000 plus GST and a share option. Correspondence ensued regarding the arrangement, including invoices from Spangaro Systems Pty Ltd (SSPL), a company directed by the Applicant. Draft contracts were exchanged between NGPT and SSPL, with some queries raised by the Applicant. the Applicant's relationship with NGPT ceased on March 19, 2025. He subsequently filed an application alleging unfair dismissal and other contraventions of the Fair Work Act.
What was decided
The Fair Work Commission found that the Applicant was not an employee of NGPT but rather engaged through a contract between NGPT and SSPL. the Commissioner determined that because the Applicant could not be dismissed by NGPT, his application lacked jurisdiction under s 365 of the Fair Work Act. The application was therefore dismissed. The Commission noted that to be dismissed, an applicant must have been an employee.
What it means for employers
Employers should carefully review contractual arrangements with individuals and ensure they accurately reflect the nature of the working relationship. Misclassifying employees as independent contractors can lead to jurisdictional challenges in Fair Work proceedings. It is crucial to establish a clear employment or contracting status before engaging services.
What it means for employees
Employees considering legal action against an employer must confirm their employee status. If engaged through a corporate entity, it's important to understand the contractual relationship and how termination might be handled.
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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 →