Brisbane. Telecommunications worker was made redundant after nine years’ service but the employer claimed he was not an employee. The Fair Work Commission found otherwise and granted leave for employee to file an unfair dismissal claim.
Where: Brisbane
Case name: Michael Adams v The Trustee For Syndicate Communications Trust [2025] FWC 1303
Date of decision: 29 July 2025
Link to full case: Click here to view decision
Who: Michael Adams, telecommunications technician placed with Telstra through Syndicate Communications
What: Dismissed due to redundancy after Telstra cut contractor numbers. Employer argued he was not an employee
Outcome: Commission found he was an employee and allowed the unfair dismissal claim to proceed
Legal Principle/s:
• A long-term role with ongoing duties is not a “specified task” under the Fair Work Act
• Real substance of relationship showed employment despite limited day-to-day control
• A person can be an employee even in a labour hire-style arrangement i.e. such as a contractor arrangement
Commentary:
This case shows that just because a worker is embedded in a client business or told they’re a contractor, they may still be an employee. It’s the real working relationship that matters.
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