Sydney. Accountant and company director won appeal after Fair Work Commission found she was both an employee and dismissed, allowing her to proceed with a general protections claim.
Where: Camden
Case name: Christina Sawyer v Wards Accounting Group Pty Ltd [2025] FWCFB 167
Date of decision: 5 August 2025
Link to full case: Click here to view decision
Who: Christina Sawyer, accountant and director at a Camden accountancy firm
What: Dispute over whether she was an employee and whether she resigned or was dismissed
Outcome: Full Bench ruled she was an employee and her employment ended on employer’s initiative
Legal principle/s:
• A person can be both a director/shareholder and an employee if they perform work beyond usual director duties under a separate employment arrangement.
• Words said in a heated meeting may not amount to a resignation if not clear and unambiguous.
• If no valid resignation occurs, the employer’s conduct in ending the relationship can amount to dismissal.
Commentary:
This case highlights that holding shares and a directorship does not prevent an employment relationship. It also shows that ambiguous words said in the heat of the moment may not be a true resignation.
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