TERMINATION OF EMPLOYMENT – contractor or employee – termination at initiative of employer – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent raised two jurisdictional objections – applicant not an employee but an independent contractor, and there was no dismissal of applicant by respondent – applicant submitted that the employment relationship started as one of client/independent contractor however that changed and became a relationship of employer/employee – approach to distinguishing between employees and independent contractors considered [Do Rozario] – Commission found applicant was an employee of the respondent at the date of dismissal – found respondent intended to significantly alter the nature of the relationship that had existed – intended change was to convert applicant from a permanent ongoing relationship to an irregular casual relationship – change in relationship unilaterally initiated and implemented by respondent – effect of the unilateral change was to end the ongoing permanent relationship – found applicant was dismissed – Commission satisfied the dismissal of applicant was harsh – reinstatement totally inappropriate – ordered compensation of $7,000 taxed at the appropriate rate. Rohde v Bedlam Enterprise P/L t/a Cola Solar
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