TERMINATION OF EMPLOYMENT – contractor or employee – s.394 Fair Work Act 2009 – applicant worked as a Sales Agent and Auctioneer – dismissed with two weeks’ notice – applicant argued no valid reason for termination and not afforded procedural fairness before being terminated – respondent raised jurisdictional objection that applicant was a contractor and not an employee – Commission found that applicant determined for himself how he worked as a salesperson, used his professional skills for an entity other than respondent while working for respondent, paid for mail drops to promote his own services, used his own car and equipment, and was not presented to the world at large as an emanation of the respondent business – Commission found applicant was an independent contractor – respondent’s jurisdictional objection upheld – application dismissed. Hillyer v Brown and Doleman Unit Trust t/a House 2 Home Real Estate
…
