Waring v Hage Retail Group Pty Ltd

In Waring v Hage Retail Group Pty Ltd, Mr Nicholas Waring applied to the Fair Work Commission for an unfair dismissal remedy following an alleged dismissal by Hage Retail Group Pty Ltd. The Commission found that it lacked jurisdiction to hear the matter as Mr Waring had not been an employee of Hage Retail at the date of the alleged dismissal. The Commission found that Mr Waring had been working as a contractor rather than as an employee. The Commission found that the nature of the relationship between the parties was unclear and had not been specified in writing. The Commission found that there was no employment contract between the parties. The Commission found that the terms of the written agreement between the parties, which was an agreement to form a joint business venture, did not create an employment relationship. The Commission found that although there had been verbal discussions between the parties about the joint venture, there was no express agreement that Mr Waring would be employed. The Commission found that the nature of the work performed by Mr Waring was entrepreneurial in nature and aligned with his ambitions to enter into a joint business venture with Mr Hage. The Commission found that the work was not performed under an employment contract but rather under a contractor's agreement. The Commission found that the application did not invoke its jurisdiction and dismissed the application.