Xenon Events Group Pty Ltd v the Respondent
What happened
the Applicant worked for Xenon Events Group Pty Ltd, performing load-out work. He was initially paid $30 an hour. Communication occurred via Facebook and WhatsApp, and a casual contract of employment was sent to the Applicant, which he did not sign. He disputed a payment estimate, leading to a disagreement and a letter of demand. the managing director then demanded the return of keys and cancelled his upcoming shifts.
What was decided
The Fair Work Commission Full Bench refused permission to appeal a decision that the Applicant was an employee of Xenon Events Group Pty Ltd and had been dismissed. The Deputy President’s initial findings about the nature of the relationship and the dismissal were upheld. The matter will proceed to a conciliation conference.
What it means for employers
Employers should ensure written contracts are properly executed. It’s important to consider the practical reality of the working relationship, not just the written agreement. The 'totality of the relationship' is key when determining employment status.
What it means for employees
If you believe you are an employee but have been classified as a contractor, you may have grounds to pursue a claim. Keep records of all communication and work performed.
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