The Case

Mr Mark Feldschuh v Strong Room Technology Pty Ltd (2024)

In 2019, Mr Feldschuh became a non-executive director of Strong Room Technology Pty Ltd (Strong Room). In September 2023, his appointment was terminated. Mr Feldschuh commenced general protection proceedings in the Fair Work Commission (FWC).

Strong Room defended the claim, arguing Mr Feldschuh was an independent contractor, not an employee. Strong Room claimed that the written Non-Executive Director Agreement made it clear the relationship was one of independent contractor. It also pointed to the fact that Mr Feldschuh controlled the time and attention he gave to the role, and whether he attended meetings, as indicative of a contractor relationship.