Li v KC Dental Pty Ltd

The applicant, a dentist, brought proceedings against KC Dental Pty Ltd and others (the respondents) in the Federal Court of Australia, alleging contraventions of the *Fair Work Act 2009* (Cth) and seeking remedies for alleged workplace rights breaches and accessorial liability. The dispute arose from the applicant's performance of professional services as a dentist under an oral agreement with the respondents.

The central legal issues before the Court were whether the applicant was an employee or an independent contractor of the respondents, and consequently, whether the *Fair Work Act 2009* applied to their relationship. If the applicant was found to be an employee, the Court would then consider the alleged contraventions. If the applicant was an independent contractor, the Court would determine if there was an entitlement to compensation for termination of the contract without proper notice.

Justice Kelly applied the established principles for distinguishing between an employee and an independent contractor, focusing on the measure of control the respondents exercised over the applicant's work. The Court noted that the respondents prepared the applicant's invoices and unilaterally changed the manner of calculating the applicant's remuneration. Despite these factors, the Court concluded that the applicant was not an employee. As a result, the claims brought under the *Fair Work Act 2009* were dismissed. However, the Court found that the applicant, as an independent contractor, was entitled to an award of compensation for the termination of the independent contract without proper notice.