Fair Work Commission at Melbourne 17 July 2013


[1] This decision concerns an application for an unfair dismissal remedy made in accordance with s.394 of the Fair Work Act 2009 (the Act). The application was made by Dr Cherif Meena. Dr Meena alleges that he was employed by Biripi Aboriginal Corporation Medical Centre T/A Werin Aboriginal Medical Centre (Biripi) and that his employment was terminated on 22 January 2013. Biripi has objected to the application on the basis that it contends Dr Meena was not an employee of Biripi. It contends that he was engaged as an independent contractor.

[2] The issue for determination is whether Dr Meena was employed by Biripi as an employee or whether he was engaged as an independent contractor. If he is found to be the latter, his application must be dismissed…”

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