| [2025] FWC 2794 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Mr Leonard Dawe
v
Psychic TV Pty Ltd
(U2025/5833)
| DEPUTY PRESIDENT ROBERTS | SYDNEY, 18 SEPTEMBER 2025 |
Application for an unfair dismissal remedy – objection that applicant an independent contractor – whether applicant dismissed – meaning of employee for purposes of Fair Work Act 2009 - section 15AA
In these proceedings Mr. Leonard Dawe has applied for an unfair dismissal remedy under Part 3-2 of the Fair Work Act 2009 (Cth) (Act). The respondent to the application is Psychic TV Pty Ltd. Mr. Dawe worked for the respondent as what was described as a ‘psychic reader’ in the period from approximately November 2021 until April 2025, when he was initially advised by the respondent that his access to the respondent’s platform was withdrawn and subsequently, that his services were no longer required.
The respondent has objected to the application on the basis that the applicant was not an employee of the respondent but worked as an independent contractor by using the respondent’s platform to provide psychic reading services to customers engaging with the applicant through that platform. An application for an unfair dismissal remedy can only be made by a person who has been dismissed from employment. Subsection 386(1) of the Act sets out the circumstances in which a person is taken to have been ‘dismissed’ for the purposes of s.394. A person can only be dismissed when their employment comes to an end in one of the circumstances described in s.386(1). The respondent submitted that the applicant was not dismissed from employment and that the application should proceed no further.
For the reasons that follow, I have concluded that the applicant was not an employee of the respondent and was not ‘dismissed’ by them, and that the unfair dismissal application itself should be dismissed.
Background, factual material and findings
Although directions were made for the filing of evidence including witness statements, neither party provided statements. The evidence was taken from the applicant and the respondent’s representative, Ms. McDonnell, at a conference held on 4 August 2025. As it transpired, much of the factual background to these proceedings was not in dispute and can be briefly summarised.
The respondent owns and administers an on-line platform through which members of the public make and pay for telephone contact with various psychic readers advertised on the respondent’s website. The applicant was one such reader. The customers would choose which of the readers they wished to contact and would be charged for the call by the respondent on a timed basis. The customers would be transferred to the reader of their choice to receive their psychic reading. The reading would last for a maximum of 30 minutes. If callers wished to continue the conversation, they would have to call the reader again using the same process.
The applicant was originally introduced to the respondent in 2021 through a third person who was at the time, also…
Keep reading for free
Create a free CaseChat account to read Mr Leonard Dawe v Psychic TV Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2025] FWC 2794
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.