Benchmark WA Industrial Relations Case Database

Herbert Lopez Cabrejos v Deep Clean King Pty Ltd, Brock McGuire, Eu Gene Lee

[2026] FWC 757 Fair Work Commission 2026-01-01
Source
Commissioner Panopoulos
Not yet cited by other cases
Applicant: Herbert Lopez Cabrejos
Respondent: Deep Clean King Pty Ltd, Brock McGuire, Eu Gene Lee
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Authority signal

Not yet cited by other cases Signal-weighted score: 0.0
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Concept tags · 6

[P]General protections (FW Act Pt 3-1) [P]Employee v independent contractor [P]Multi-factor / totality of relationship test [P]Jurisdictional objection [S]Unfair dismissal (WA) [S]Unfair dismissal (federal)
Archived text (131 words)
1 Fair Work Act 2009 s.365—General protections Herbert Lopez Cabrejos v Deep Clean King Pty Ltd, Brock McGuire, Eu Gene Lee (C2025/9626) COMMISSIONER PANOPOULOS MELBOURNE, 24 MARCH 2026 Application to deal with contraventions involving dismissal – Applicant not dismissed within meaning of s.386 – Applicant was an independent contractor – application dismissed [1] For the reasons given on transcript on 20 March 2026, I am satisfied that the Applicant was not an employee of the Respondent. [2] The jurisdictional objection is upheld. The application to deal with contraventions of the general protections’ provisions involving dismissal is dismissed. COMMISSIONER Appearances: H. Cabrejos for the Applicant B. McGuire for the Respondent Hearing details: Video via Microsoft Teams 20 March 2026 Printed by authority of the Commonwealth Government Printer <PR797429> [2026] FWC 757 DECISION