The Federal Court held that a worker initially engaged under a written consultancy agreement became a common law employee from July 2017 when his role evolved to Fund Manager with fixed annual remuneration, paid leave entitlements, and cessation of invoicing requirements, finding these changes were sufficiently fundamental to discharge the consultancy agreement and give rise to a new unwritten employment contract. The Court found Whistle Funds contravened the FW Act by failing to pay accrued annual leave on termination, failing to make superannuation contributions from 1 January 2024 under s 116B, and engaging in adverse action by dismissing Mr Vize for exercising a workplace right. The accessorial liability claim against the second respondent was not established, and the respondents' estoppel cross-claim was dismissed as contrary to public policy.
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