This is an unfair dismissal case filed by the applicant as an independent contractor against the employer. There was no sufficient information when the application was filed. The employer, being categorized as a small business, considered resigning on 4 April 2025 after she failed to report for work. She started working from 17 January 2025 until such date when she failed to report. The applicant believed that her not being allowed to work was a constructive dismissal, not being her free will.
The Fair Work Commission (FWC) as part of its requirement must informed the employer of the case filed by the worker and for this purpose, we were hired to provide the defense and context of the case before the FWC and after conference with the client we learned other defenses we can bring, but this did not go further as the FWC dismissed the case under Rule 10 of the FWC Rules 2024. (See Nancy Peng v Haydyn Music Education Pty Ltd. Case Number U2025/5409, 8 May 2025.